federalism and US constitution USP Flashcards

(42 cards)

1
Q

what are powers which are exclusively given to the federal government

A
  • military action
  • regulate interstate and foreign trade
  • establish foreign policy
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2
Q

what are powers which are shared with the federal and state governments

A
  • levy taxes
  • establish courts
  • provide public welfare
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3
Q

what are powers which are exclusively given to state governments

A
  • establish local governments and schools
  • regulate business within the state
  • provide public safety
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4
Q

what is a ‘limited government’

A

government should operate a minimalist intervention policy where it concerns a person’s individual liberties or the economy

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5
Q

why was federalism expansion expanded on because of THE GREAT DEPRESSION

A

1929 FDR’s ‘New Deal’ - granted resources to reverse economic downturn

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6
Q

why was federalism expansion expanded on because of FOREIGN POLICY

A
  • USA played bigger role in foreign affairs during WW2
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7
Q

why was federalism expansion expanded on because of SUPREME COURT DECISIONS

A
  • majority of 20th century, SC Justices were very liberal in regards to implied powers
  • allowed federal government to increase in powers
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8
Q

why was federalism expansion expanded on because of CONSTITUTIONAL AMENDMENTS

A

16th Amendment = federal government could impose income tax on individuals within states

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9
Q

why was federalism expansion expanded on because of POPULATION GROWTH

A
  • 4M = 1790
  • 76M = 1900
  • 340M = 2024
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10
Q

why was federalism expansion expanded on because of INDUSTRIALISATION

A
  • led to a more nationwide economy
  • need for a federal government to regulate the industry
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11
Q

why was federalism expansion expanded on because of IMPROVEMENTS IN COMMUNICATIONS

A
  • us population and economy more interlinked across state boundaries
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12
Q

what happened under DUAL federalism

A
  • clear divide between areas the state and federal governments had jurisdiction over
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13
Q

what happened under CO-OPERATIVE federalism

A
  • expanded under FDR’s New Deal
  • Johnson’s ‘Great Society’ = increased federal spending for economic reforms and welfare schemes to tackle poverty and poor medical care (Medicare)
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14
Q

what are categorical grants

A

federal government specify how the state governments could use it

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15
Q

what happened under NEW federalism

A

BLOCK GRANTS = federal government give states money which they could use how they wished within the remit of a broad policy area

UNFUNDED MANDATES = mandate states to do certain things without providing any funding for it

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16
Q

how much did Bush increase government spending by in his first term

A

33% - due to 9/11 response and economic spending when reacting to 2008 financial crash

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17
Q

how much more was spent of defence spending in 2001 and 2009 and by how much was the overall increase

A
  • 2001 = $290M
  • 2009 = $651M
    increase of 125%
18
Q

how much more was spent of homeland security spending in 2001 and 2006 and by how much was the overall increase

A
  • 2001 = $13M
  • 2006 = $69M
    more than a 5x increase
19
Q

what did Bush’s ‘No child left behind’ act introduce

A
  • major changes to educational policy
  • states test children annually with a uniform national test
  • provided a 20% increase in funding for the poorest schools
20
Q

explain medicare and how government spending impacted it

A
  • cost $400B in its first 10 years
21
Q

how much money did BUSH give as a stimulus package after financial crash (2008)

22
Q

how much money did OBAMA give as a stimulus package after financial crash (2009)

23
Q

what did Bush’s spending into education and healthcare do to policy

A
  • expansion of medicaid
  • re-authorisation of the State Children’s Health Insurance Programme (S-CHIP)
  • ‘race to the top’ education programme
24
Q

what did trump do with federal troops in 2020

A
  • BLM movement
  • deployed federal troops to tackle protesters, despite several states opposing it
25
what did trump do about obama's environmental policies
- rolled them back - handed back the powers to the states
26
how did trump increase his federal spending in 2020
- CARES Act 2020 - $2.2T economic stimulus bill in response to COVID - he largely left responsibility to the states = democrats more quick compared to republicans on putting down measures
27
what did trump promise he would do to federal spending when in office
- 'cut so much [federal government] your head will spin'
28
federalism in practice - COVID
- most left to states - California lifted mask mandate March 2022 - Texas lifted mask mandate March 2021 - Cares Act 2020 = $300B one-time payment to individuals and families
29
federalism in practice - LEGALISATION OF CANNABIS
- Obama legalised it - 38 legalised the medical use of it - 23 legalised recreational use of it - CALI = recreational - FLO = medical - TEX = neither
30
federalism in practice - SANCTUARY CITIES
- cities which prohibit local law enforcement to detain illegal immigrants (except those which have committed serious crimes) - over 600 sanctuary cities and California is a sanctuary state - TRUMP retaliated by withholding federal grants - judges deemed it as unconstitutional - SHOWS POWER OF 10TH AMENDMENT
31
federalism in practice - AFFORDABLE CARE ACT
- ACA's requirement that states expand Medicaid or lose their existing federal funding - deemed ' UNCONSTITUTIONAL OVERREACH OF FEDERAL POWER'
32
consequences of federalism - STATES AS POLICY LABORATORIES
- alaska implemented UNIVERSAL BASIC INCOME = presidential candidate ANDREW YANG advocate for at federal level - ACA 2010 = modelled on healthcare reform in Massachusetts from 2006
33
consequences of federalism - TENSIONS BETWEEN STATE AND FEDERAL
- especially over states which are not the same party as the president - seen in ObamaCare and the overturning of Roe vs Wade 2022
34
what are the democrats overall attitude towards federalism
- largely supportive in affirmative action - fan of categorical grants, e.g. ObamaCare
35
what are the republicans overall attitude towards federalism
- more fans of block grants - seek freedom to legislate on own legislation (ROE vs WADE)
36
what are the arguments that the USA remains federal today
- 10th amendment = protects from federal overreach - difficult amendment process - states able to take different direction than federal
37
what are the arguments that the USA DOES NOT remains federal today
- expansion of federalism jeopardises this - implied powers have justified federal expansion and the elastic clause has not changed yet - 16th amendment - states rely on federal government for a quarter of their income
38
what did congress do in terms of DRINKING POLICY in 1984
- passed National Minimum Drinking Age Act - states have to increase age to purchase alcohol to 21 or risk losing 10% of their federal highway funds - all 50 states complied (goes against 10th amendment though)
39
what are the arguments that the US Constitution is democratic
- amendment process protects powers and freedoms - 10th amendment - Bill of Rights is well protected - separation of powers and checks and balances - elections are very regular and controlled by the states
40
what are the arguments that the US Constitution is undemocratic
- proposed amendments can't be implemented even when large majority of public supports it - power of federal government has increased - bill of rights come with consequences (2nd amendment facilitates public shootings) - gridlock - electoral college and representation is undemocratic
41
how has trump showed sympathy for state power
- project 2025 - decrease size of federal government with DOGE - dismantle Department of Education
42
what happened between the governor of maine and trump
- governor janet mills allowed transgender athletes to join teams which correlated to their gender identity - went against executive order - Trump threatened he would withhold $250M