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Flashcards in Federalism Quiz Deck (80)
1

Federalism

2 or more govts share power over some constituents (whoever govt represents)

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What are the 3 govt systems that result from power sharing arrangements between central and local governments

Unitary, federal, confederate

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Unitary system

The central govt is superior to local govt and is the governing unit

4

Federal system

The central govt and local government share power, neither controls the other entirely

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Confederate system

Local govts are superior to and control the central govt

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Central government holds - authority and - in unitary govts

Primary, regulates the states activities

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State govt holds - or - power
Duties are regulated by - -

In unitary

Little or no, central government

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Citizens vote for -- officials in unitary govts

Central government

9

- powers to coordinate --

Confederate govt

National govt

Limited, state activities

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Who rules in confederate state govt?
Some duties are - to central govt.

People (sovereign)
Allocated

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Citizens - for -- in confederate govt

Vote for state officials

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- state - national govt can - or - the other

Neither, nor, control or change the other

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In federal govt central govt - power with -

Shares power with states

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State govt - power with - in federal govts

Shares power with central govt

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In federal govt, citizens - for both- and -

Vote for both state and national government officials

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State govts are - systems

Unitary

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National govt is

Federal

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Unitary govts are most -, confederate govts are least -

Centralized

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Most nations of the world are

Unitary systems

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Federal systems are - and mostly in the -

Rarer, mostly in Western Hemisphere (Americas)

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Confederate systems are - (who has one?)

Almost nonexistent, Switzerland has one but they are small

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Federal system: protects -, but less - than unitary, protects -

Rights, less efficient, protects minority rights

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How does federalism help protect minority rights? (2)

Decentralizes (divides) power
Decentralizes election process (never vote as nationwide majority)

Breaks up electorate (voters) keeps a nationwide majority from voting as a block

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National government powers

Delegated powers

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State government powers

Reserve

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What established state reserved powers

10th amendment

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What's layer cake federalism

Dual federalism

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How long was dual federalism held?

Great Depression of the 1930s

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What's marble cake federalism

Fiscal federalism or cooperative federalism

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Delegates powers are also called

Exclusive powers

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Interstate and international powers belong to

Delegates powers

32

What are the three types of delegated powers?

Expressed (listed) enumerated

Implied (Nexessary and Proper Clause), majority of power

Inherent
(Only powers originally listed in original const), mostly in article 1 - powers of congress)

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What are concurrent powers?

Shared

The broad powers govts need to be govts

34

Examples of concurrent powers : (9)

1. Make its own laws
2. Enforce its own laws
3. Interpret own laws
4. Define crimes and punishments
5. Build prisons
6. Build courts
7. Collect taxes
8. Spend money
9. Eminent domain (power to claim private property for public use (have to pay for market price))

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Reserved powers are almost all - powers

Intrastate

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Reserved powers include powers of -

Local government (town, city, county)

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Reserved powers are vast majority of - powers esp - (list examples)

Govt, police powers , (morality, safety, health)

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What's aggrandizement

The act of making something appear greater than it actually warranted by facts , expansion of power

39

What cases involved the Supremacy Clause? What court?

Marbury v Madison
McCulloch v Maryland

(Marshall Court)

40

What cases involved the Elastic Clause?

McCulloch v Maryland
(Marshall Court)

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What cases involved the Commerce Clause?

(Marshall Court)
Gibbons v Ogden

Post Civil War Industrial Boom
Civil Rights Movement (Heart of Atlanta v US)

42

What cases involved Taxing and Spending Powers?

Great Depression/ New Deal
(Rise of Fiscal Federalism)

43

War Powers (Pres and Congress)

All major wars
(Esp Civil War)

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Amendments 13, 14, 15

Civil war

45

What did Marbury v Madison establish?

Hierarchy of law in US

Supremacy Clause strengthen power over national courts

National courts have power of judicial review over national law

46

What's the Hierarchy of Law in the US? (4)

1. Constitution
2. The laws of Congress (if in agreement with the Const)
3. Treaties (which can only be made by national govt)
4. State laws

47

What happened in McCulloch v Maryland?

Congress created national bank. Done using implied powers as "necessary and proper" to carry out their taxing, spending, and borrowing powers after Maryland's govt passed substantial tax on bank. Ruling - states can't tax a federal agency. Supreme Court has power of judicial review over state laws

48

Implied powers

All powers convenient and useful to carry out an enumerated power and are not prohibited by the Constitution

Loose interpretation

49

Interposition

The idea that if 3/4 of the states nullify a law it would become unconstitutional

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Equal protection clause

Forces states to grant equal protection to all citizens (14 amend)

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Due process clause

14 amend

(Legal principle) state govt must grant all citizens due process of law , govt must follow est procedures before denying anyone rights , eventually used to cause states to follow most of rights in bill of rights

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Congress powers of congress include:

Powers to regulate transportation, agriculture, labor relations, finance, and manufacturing

Today states are left with almost no exclusive commerce powers

53

Commerce powers include the power to regulate anything deemed to have a - on - (Heart of Atlanta Motel v US)

Direct and substantial impact, interstate commerce

Discrimination does affect interstate commerce

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Wars increase national govt powers because

Only national govt has war powers

55

Spending powers are related to what type of federalism?

Fiscal or cooperative

56

10th amendment only allows states to regulate -

What is solely interstate commerce

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Cooperative Federalsim

Cooperation of state and federal govt in various programs to solve complex social problems (many of which are in state sphere of powers)

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Fiscal federalism

Providing grants to states

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Fiscal federalism and cooperative federalism -

Go together

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Grants in aid

Federal funds distributed by congress for state and local govts

Most powerful tool of fiscal federalism

Almost always has strings attached

States allow federal govts to have power

61

Medicare and Medicaid

Two most expensive funded programs

Medicare is for old ppl, Medicaid is for poor ppl

62

Welfare and foodstamps (what 2 specific programs)

What percent of state Al expenditures ?
What percent of federal expenditures?

Aid to dependent children and SNAP (food stamp program)

Also expensive

25%
18%

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Matching funds

Money states must contribute that isn't included in grant

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Mandates

Reg or conditions of aid (conditions a state must follow in order to receive a fed grant in aid)

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What are the 2 types of categorical grants? What is most regulated/ least regulated? What are they?

Project grants- (most regulated) money awarded through competitive application process for specific purpose, states write out detailed plans that meet congresses guidelines, not all states that apply are rewarded

Formula grant- (least regulated) money distributed automatically to states based on some mathematical formula (population, per capita income) spelled out in law

66

What are block grants?

Much fewer mandates
Much broader in scope, not as precise, least regulated

67

What's main source of federal funding? What 2 programs account for the most? What percent is this?

Categorical grants

Medicare and Aid to Families with Dependent Children

85%

68

New federalism/ devolution revolution

What's the best example?

Give power back to states
Repub party initiative

1996 Welfare Reform Act (poster child)

69

What's the recent trend when it comes to grants to states

Creeping categorization (congress adding more conditions to block grants)

70

Lulu payments

Funds given to state and local govt "in lieu" of property taxes on federal property (no strings at all)

71

Revenue sharing (1972-1986)

No longer occurs

Payments in which federal govt shares some fed taxes to state and local govts for local needs identified by local officials with very few conditions

72

What are the four types of mandates? Define them.

1. Project specifications - specific guidelines as to how funds are to be used
2. Matching funds- sts must cover a percent of program costs (Medicaid)
3. Cross over sanctions- using federal money in 1 program to influence state policy in another
4. Cross-cutting sanctions- a condition in one federal grant is extended to all activities supported by all other fed grants

73

Fed courts rulings

Orders by federal courts that increase costs on states

74

What 3 cases show recent willingness by the courts (for the first time) to narrow commerce powers? These represent supreme courts recent commitment to - or - as the welfare to work law did for congress

1. US v Lopez
2. United States v Morrison
3. Printz v United States

Devolution revolution (new federalism)

75

Full faith and credit clause

What amendment?

What's not upheld?

14 amend

Each state must give full faith and credit to the public acts, records, and civil proceedings of other states

Quicke divorces not upheld

76

Privileges and Immunities Clause

What article?

The more - the right, the less likely - against citizens can occur

Art. IV

Requires each state to grant all the privileges and in immunities offered in that state to citizens of other states

Fundamental, discrimination

77

Extradition clause

What article

Art IV

Sts are required to return a person charged with a crime in another state to that state

78

Fugitive slave law

What article?

What made it invalid?

Art IV

(Made invalid by 13 amendment)

Forbid state laws that freed slaves escaping from another state

79

What are the 3 national obligations to states?

1. Guarantees each state has a
republican form of government
2. Protection from foreign invasion and domestic violence
3. Respect boundaries of each state

80

Overall advantages of federalism (3)

1. Decentralizes by election process (divides electorate)
2. Decentralization politically (divides power)
3. Allows for diversity in policy (minority vote)