Federalism Flashcards
(15 cards)
Define Federalism
A form of government in which some powers are assigned to the national government, some to lower levels of government, and some, such as the power to tax, are exercised concurrently.
What were some of the other forms of government the founders had to consider?
Unitary government - Centralised government subject to one authority, as opposed to a federal system that divides power across national and subnational (state) governments
Confederation - A loose governing arrangement in which separate republics or nations join together to coordinate foreign policy and defence but retain full control over their domestic affairs.
What are concurrent powers?
Powers, such as the power to tax, that are available to both levels of the federal system and may be exercised by both in relation to the same body of citizens.
What are reserved powers?
The Tenth Amendment to the U.S. Constitution declares that powers not explicitly granted to the national government are reserved to the states or to the people.
What was the original vision of Federalism?
Dual Federalism - Nineteenth-century federalism envisioned a federal system in which the two levels were sovereign in fairly distinct areas of responsibility with little overlap or shared authority
What was the significance of Marbury v Madison (1803)?
The broad result of the Marbury decision was to establish the Supreme Court as the final arbiter of what is and is not constitutional, and, hence, of the meaning, shape, and boundaries of American federalism.
What were some other significant decisions of the Marshall court?
McCulloch v. Maryland(1819)
The court announced an expansive reading of the “necessary and proper” clause, holding that Congress’s Article I, section 8, enumerated powers imply unspecified but appropriate powers to carry them out.
Gibbons v. Ogden(1824)
This decision employed an expansive reading of the commerce clause, the doctrine of the “continuous journey,” to allow Congress to regulate commercial activity if any element of it crossed a state boundary.
What were the principles of cooperative Federalism developed after the civil war?
Mid-twentieth-century view of federalism in which national, state, and local governments share responsibilities for virtually all functions.
What were the two views of the Federalism that emerged in the 1960s under the Johnson administration?
Creative Federalism
1960s view of federalism that refers to LBJ’s willingness to expand the range of federal programs to support state and local activities and to bring new, even nongovernmental, actors into the process.
Coercive Federalism
A pejorative term to describe the federalism of the 1960s and 1970s, suggesting that the national government was using its financial muscle to coerce states into following national dictates as opposed to serving local needs.
What is devolution?
The return of political authority from the national government to the states beginning in the 1970s and continuing today.
Identify two Supreme Court decisions that contributed to devolution
U.S. v. Lopez(1995)
The court found that Congress’s desire to forbid carrying handguns near schools was too loosely related to its power to regulate interstate commerce to stand.
U.S. v. Morrison(2000)
Citing U.S. v. Lopez, the court found that the Violence Against Women Act was too loosely related to Congress’s power to regulate interstate commerce to stand.
What are categorical grants?
A program making national funds available to states and communities for a specific, often narrow, purpose and usually requiring a distinct application, implementation, and reporting procedure.
What are block grants?
Federal funds made available to states and communities in which they have discretion over how the money is spent within the broad substantive area covered by the block grant.
What is the ‘full faith and credit’ clause?
Article IV, section 1, of the U.S. Constitution requires that “full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other State.”
Creates a national legal system requiring the states to recognize and respect each other’s legal acts and findings.
What is the ‘privileges and immunities’ clause?
Article IV, section 2, of the U.S. Constitution declares that “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”
Guarantees citizens visiting, working, or conducting business in another state the same freedoms and legal protections that would be afforded to citizens of that state.
