Federalism Flashcards
(37 cards)
1
Q
three systems of govt
A
unitary, confederate, and federal
2
Q
unitary govt
A
- centralized system of govt in which all power is vested in a central govt
- Great Britain, France, and China
3
Q
confederate govt
A
- decentralized system of govt in which weak central govt has limited power over the states
- US began as this under AoC
- United Nations
4
Q
federal govt
A
system of fort in which power is dived by a written constitution between a central got and regional govts (2+ levels of govt have formal authority over the same area and people)
-US, Mexico, Canada, Germany, and India
5
Q
expressed powers (enumerated powers)
A
granted to federal govt by the constitution
6
Q
Congress’s expressed powers
A
Article 1, Section 8 (27 different powers)
7
Q
President’s expressed powers
A
Article 2, Section 2
8
Q
Supreme expressed powers
A
Article 3
9
Q
key expressed powers
A
- power to regulate interstate and foreign commerce
- power to tax and spend
- war power
10
Q
implied powers
A
- not expressly stated in the Constitution
- Article 1, Section 8, Clause 18 (elastic clause) - all laws necessary and proper to execute powers
- enables the national govt to meet probe the Framers could not anticipate (insured growth of national power by enabling federal govt to extend powers beyond the Constitution)
11
Q
inherent powers
A
- derive from the fact that the US is a sovereign nation
- international law: all nation-states have the right to make treaties, wage war, and acquire territory
12
Q
reserved powers
A
- held solely by states
- 10th amendment (not delegated to US, nor prohibited to states - reserved to the states/people)
- ex) licensing doctors, establishing public schools and local govts
- ex)police power - authority of a state to protect and promote the public morals, health, safety, and general welfare
13
Q
concurrent powers
A
- exercised by both national and state govts
- power to tax, borrow money, and establish courts
14
Q
prohibited powers
A
- denied to national govts, states, or both
- federal govt cannot tax exports, and states cannot make treaties with foreign countries
15
Q
“the cardinal question”
A
- the relationship between the national govt and the states is the “cardinal question of our constitutional system” (Wilson)
- a new question emerges every generation b/c development occurs
16
Q
background of the McCulloch v. Maryland case
A
- Congress chartered the Second National Bank of the US in 1816
- 1818 - Maryland legislature passed a law imposing a substantial tax on the operation of the Baltimore branch of the bank
- James McCulloch refused to pay tax (cashier of Baltimore branch)
- Maryland state courts ruled against him, but McCulloch appealed to US Supreme Court
17
Q
constitutional questions raised by McCulloch case
A
- Does the Constitution permit Congress to charter a bank?
2. Does a state have a constitutional right to tax an agency of the US govt?
18
Q
McCulloch court’s decision
A
- led by Chief Justice John Marshall
- creating a national bank was within the implied powers of Congress
- but “bank” is not in the constitution
- uses the necessary and proper clause to say that creating a bank carried out its enumerated powers of imposing taxes, issuing a currency, and borrowing money
- however, Maryland law was unconstitutional bc violated the supremacy of the national govt to level a tax
19
Q
significance of McCulloch case
A
- confirmed right of congress to use implied power to carry out expressed powers
- ex) build interstate highways, regulate labor-management relations, and inspect food and drugs
- supremacy of national govt over states (states cannot interfere with or tax the legitimate activities of the federal govt)
20
Q
nullification
A
John Calhoun of SC - state can nullify or refuse to recognize an act of Congress that it considered unconstitutional
21
Q
the Civil War and its effect on nullification
A
- conflict over slavery and a dispute over the relationship between the Southern states and the national govt
- refuted the doctrine of nullification while also confirming that the federal union is indissoluble
22
Q
Background of Gibbons v. Ogden (1824)
A
- NY legislature granted Aaron Ogden an “exclusive license” to run ferry service on the Hudson River between NY and NJ
- Thomas Gibbons obtained a license from the federal govt to operate a competing NY-NJ ferry service
- Ogden claimed Gibbons infringed on the monopoly rights granted to him by the NY legislature
- NY courts ruled against him; Gibbons appealed to SC
23
Q
constitutional questions of the Gibbons v. Ogden case
A
- Did the NY law violate the Constitution by attempting to regulate interstate commerce?
- Does Congress have the exclusive right to regulate interstate commerce?
24
Q
Court’s decision in Gibbons case
A
- commerce: all commercial business dealings (includes production, buying, selling, renting, and transporting of goods, service, and property)
- because congress regulates all interstate com mere, the Court upheld Gibbons’s right to operate a ferry service in competition with Ogden
25
Significance of Gibbons case
-broad def of commerce enabled Congress to promote economic growth by supporting the construction of roads, canals, and railroad lines
26
expansion of commerce clause
- led to expansion of federal govt
- govt now regulates commercial activities such as radio signaling, telephones messages, and finical transactions
- SC upheld the 1964 Civil Rights Act forbidding discrimination in places of public accommodation such as hotels on the basis of its power to regulate interstate commerce
27
school desegregation
- Brown v. Board of Education: SC unanimously held that school segregation = unconstitutional
- Eisenhower sent troops to Little Rock's Central High School to enforce this decision
- national standards of racial equality ultimately prevailed
28
dual federalism
- system of govt in which the national and state govts remain supreme within their own spheres (i.e. federal govt = foreign policy, state govt = public schools)
- characterized relationship between federal govt and states until New Deal in 1930's
- "layer cake"
29
cooperative federalism
- a system of govt in which the national and state govts work together to complete projects (i.e. interstate highway program features a partnership in which national and state govts share costs and administrative duties)
- "marble cake"
30
fiscal federalism
- refers to the pattern of spending, taxing, and providing grants in the federal system
- 2010 - $480 billion in federal grants (accounted for 21% of all funds spent by state and local govts)
31
types of federal grants
- categorical grants: specific, defined purposes (money spent to build highways)
- block grants: broadly defined purpose, give states leeway (homeland security)
32
mandate
rule telling states what they must do to comply with federal guidelines
33
What are the most common mandates?
Civil rights and environmental protection - state programs may not discriminate against people bc of their race, sex, age, or ethnicity
34
unfunded mandate
- requires state and local govts to provide services without providing resources for these service
- Handicapped Children's Protection Act: public schools access to ramps and special buses, but no federal funds
35
devolution
- refers to a movement to transfer responsibilities of governing from the federal got to state and local govts
- Welfare Reform Act of 1996 - gave states money to run their own welfare programs
36
advantages of federalism
- promotes diverse policies that encourage experimentation and creative ideas
- provides multiple power centers, making it difficult for any one faction or interest group to dominate govt policies
- keeps the govt close to people by increasing opportunities for political participation
37
disadvantages of federalism
- promotes inequality because states differ in the resources they can devote to providing services
- enables local interests to delay or even thwart majority support for a policy
- creates confusion bc the different levels of govt make it difficult for citizens to know what different govts are doing
