Federalism Quiz Flashcards
(80 cards)
1
Q
Federalism
A
2 or more govts share power over some constituents (whoever govt represents)
2
Q
What are the 3 govt systems that result from power sharing arrangements between central and local governments
A
Unitary, federal, confederate
3
Q
Unitary system
A
The central govt is superior to local govt and is the governing unit
4
Q
Federal system
A
The central govt and local government share power, neither controls the other entirely
5
Q
Confederate system
A
Local govts are superior to and control the central govt
6
Q
Central government holds - authority and - in unitary govts
A
Primary, regulates the states activities
7
Q
State govt holds - or - power
Duties are regulated by - -
In unitary
A
Little or no, central government
8
Q
Citizens vote for – officials in unitary govts
A
Central government
9
Q
- powers to coordinate –
Confederate govt
National govt
A
Limited, state activities
10
Q
Who rules in confederate state govt?
Some duties are - to central govt.
A
People (sovereign)
Allocated
11
Q
Citizens - for – in confederate govt
A
Vote for state officials
12
Q
- state - national govt can - or - the other
A
Neither, nor, control or change the other
13
Q
In federal govt central govt - power with -
A
Shares power with states
14
Q
State govt - power with - in federal govts
A
Shares power with central govt
15
Q
In federal govt, citizens - for both- and -
A
Vote for both state and national government officials
16
Q
State govts are - systems
A
Unitary
17
Q
National govt is
A
Federal
18
Q
Unitary govts are most -, confederate govts are least -
A
Centralized
19
Q
Most nations of the world are
A
Unitary systems
20
Q
Federal systems are - and mostly in the -
A
Rarer, mostly in Western Hemisphere (Americas)
21
Q
Confederate systems are - (who has one?)
A
Almost nonexistent, Switzerland has one but they are small
22
Q
Federal system: protects -, but less - than unitary, protects -
A
Rights, less efficient, protects minority rights
23
Q
How does federalism help protect minority rights? (2)
A
Decentralizes (divides) power
Decentralizes election process (never vote as nationwide majority)
Breaks up electorate (voters) keeps a nationwide majority from voting as a block
24
Q
National government powers
A
Delegated powers
25
State government powers
Reserve
26
What established state reserved powers
10th amendment
27
What's layer cake federalism
Dual federalism
28
How long was dual federalism held?
Great Depression of the 1930s
29
What's marble cake federalism
Fiscal federalism or cooperative federalism
30
Delegates powers are also called
Exclusive powers
31
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)
33
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))
35
Reserved powers are almost all - powers
Intrastate
36
Reserved powers include powers of -
Local government (town, city, county)
37
Reserved powers are vast majority of - powers esp - (list examples)
Govt, police powers , (morality, safety, health)
38
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
41
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
44
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
50
Equal protection clause
Forces states to grant equal protection to all citizens (14 amend)
51
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
52
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
54
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
57
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)
58
Fiscal federalism
Providing grants to states
59
Fiscal federalism and cooperative federalism -
Go together
60
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%
63
Matching funds
Money states must contribute that isn't included in grant
64
Mandates
Reg or conditions of aid (conditions a state must follow in order to receive a fed grant in aid)
65
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)
