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Flashcards in Federalism Deck (56):
1

devolution

effort to devolve national gov functions like welfare and health care to the states

2

block grants (special revenue sharing) (broad-based aid)

money from the national government to the states in certain general areas that the states can use how they want within broad guidelines

3

initiative

voters put legislative measures directly on the ballot

4

police power

State power to enact laws promoting health, safety, and morals

5

referendum

Procedure establishing voters to reject a measure passed by the legislature

6

recall

Procedure whereby voters can remove an elected official from office

7

dual federalism

doctrine holding that the national government is supreme in its sphere, the states are supreme in their, and the two spheres should be kept separate

8

"necessary and proper clause"

section of the Constitution allowing Congress to pass all laws "necessary and proper to its duties, and which has permitted Congress to exercise powers not specfically given to it (enumerated) by the Constitution

9

Nullification

The doctrine that a state can declare null and void a federal law that, in the states opinion, violates the Constitution

10

Sovereignty

Supreme or ultimate political authority: A sovereign government is one that is legally and politically independent of any other

11

Unitary System

one in which sovereignty is wholly in the hands of the natinoal government so that the states and localities are dependent on its will
ex. France, GB, Italy, and Sweden

12

Federal System

One in which sovereignty is shared so that in some matters the national government is supreme and in other matters the states are supreme
ex. US, Canada, Australia, India, Germany, and Switzerland

13

devolution

The effort to transfer responsibility for many public programs and services from the federal government to the states

14

block grants

money from the national government that states can spend within broad guidelines determined by Washington

15

Confederation (Confederal System)

One in which the states are sovereign and the national government is allowed to do only what the the states permit

16

federal regime

one is which local units of government have a specially protected existence and can make some final decisions over governmental activities

17

McCulloch v. Maryland

McCulloch: cashier of the Baltimore branch of US Bank who refused to pay MD tax
Justice Marshall said the US could make a bank becuase of necessary and proper clause
AND
that the states could not tax said bank because to tax is to destroy
Gave fed gov supremacy

18

Virginia and Kentucky Resolutions

Masison and Jefferson support nullification in response to the Alien and Sedition Acts

19

US v. Morrison

Violence Against Women Act overturned in 5-4 decision because it is unconstitutional

20

US v Lopez

Gun Free School Zone Act declared an overreach of the ICC in 1995

21

Printz v. US

In a 5-4 decision, Court invalidated a law that required local police to conduct background checks on all gun purchasers because it violated the tenth amendment

22

Alden v. Maine

11th Amendment
State employees could not sue to force state compliance with federal fair-labor laws

23

Federal Maritime Commission v South Carolina Ports Authority

Court expanded States sovereign immunity from private lawsuits

24

Grants-in-aid

Money given by the national government to the states

25

Categorical grants

Federal grants for specific purposes, such as building an airport
usually require some sort of local matching, which can be small (highway 90% fed)

26

revenue sharing(general revenue sharing)

Federal sharing of a fixed percentage of its revenue
more permissive than block grants
no matching requirements
almost total freedom
ended in 1986

27

conditions of aid

Terms set by the national government that states must meet if they are to receive certain federal funds
not really voluntary
most are not specific
states and fed are not on the same page on these
fed: don't misspend/unity
state: "you do you" policy would be nice

28

Mandates

Terms set by the national government that states must meet whether or not they accept federal grants
YOU MUST DO THIS
most concern civil rights and environment
some are easy to understand and implement,
others are vague and difficult and costly to implement
Ex of a mandate: Americans with Disabilities act (unfunded)
fed courts are all for them

29

land-grant colleges

state universities built with the proceeds from the sale of land grants

30

Land grants

Federal gives land to states
started before Constitution

31

Cash grants-in-aid

1808
not prevalent and small in size before 20th century
THEN THEY WERE ALL OVER THE PLACE

32

Why was federal money oh so attractive?

1. It was there (budget surplus in 1880s)
2. In the 1920s, those dwindled and Wash instituted income tax [bringing in cash[
3. Federal government managed currency and could print whatever they wanted
4. Politics [Shooting star next to this one]- federal money seemed like "free" money. Did not have to propose or collect the taxes. Could say "ahh we need lower taxes" and then use fed tax money for public works

33

If one state asks for something, what happens?

All the other states pretty much have to get it too

34

What change occurred in the 1960s with regards to grants-in-aid?

Goal was no longer state purposes, but national needs. Federal, not state officials were the main proponents

35

Intergovernmental lobby

state + local officials
people who depend on fed aid
goal: obtain more money w/less srings

36

Why did block grants grow more slowly than categorical grants?

Different political coalitions supporting each
Congress + fed t (specificity)
Since block grants and revenue sharing are so broad, no single interest group has a vital stake in pushing them forward
Categorical ones also have committees, who want to see their cermets grow

37

Why is the census important?

Larger cities get more federal money, and governments want their cermets to grow, so they need money. They need formulas to tilt in their favor
THIS CREATES COMPETITION (like Hogwarts but less fun)

38

Aid to Families with dependent children
(AFDC)

welfare from 1935
controversial as it expanded
cut back as part of devolution revolution

39

operational grants

type of block grant for purposes such as running state child-care programs

40

capital grants

type of block grant for purposes such as building local wastewater treatment plants

41

entitlement grants

type of block grant for transferring income to families and individuals

42

devolution revolution effects

second devolution (state--> local)
and third (increases nonprofits and private groups)

43

What's Driving devolution?

1. beliefs of devolution's proponents
2. realities of defecit policies
3. the views of most citizens

44

Why do congress people sometimes go against localities?

Congress- different constituencies from same localities
(Homeowners v nature lovers or whateva)
Congress members are free agents
some states parties are strong special interest groups more organized/do better than parties
Americans differ in extent to which they like fed and state decisions

45

Pro Bush v Gore

1. safe harbor
2. 14th Amendment
3. Lower Court bias

46

Con Bush v Gore

1. Everyone can have their vote counted
2. SC biased politically
3. Legitimacy [Who actually won FL?]
4. Could cause a political crisis

47

City

Municipal corporation or municipality that has been chartered by a state to exercise certain defined powers

48

Special-act charter

Lists what a specific city can and can not do

49

General-act charter

Applies to a number of cities within a certain classification

50

Dillion's rule

The terms of city charters should be interpreted narrowly

51

Home-rule charter

Reverse Dillion's rule and allows a gov to do anything not prohibited by the charter or state laws

52

Ordinances

City laws

53

Counties

Largest unit between state and city

54

Special-district government or authorities

Responsibility for some singular function

55

School districts

A type of special-district government

56

Wicker v Filburn

Challenge to the agricultual adjustment act of 1938
Stabilize price of wheat on the international market
court unanimously ruled that ability to control prices was part of Congress power under ICC