Flashcards in Federalism Quiz Deck (80)
2 or more govts share power over some constituents (whoever govt represents)
What are the 3 govt systems that result from power sharing arrangements between central and local governments
Unitary, federal, confederate
The central govt is superior to local govt and is the governing unit
The central govt and local government share power, neither controls the other entirely
Local govts are superior to and control the central govt
Central government holds - authority and - in unitary govts
Primary, regulates the states activities
State govt holds - or - power
Duties are regulated by - -
Little or no, central government
Citizens vote for -- officials in unitary govts
- powers to coordinate --
Limited, state activities
Who rules in confederate state govt?
Some duties are - to central govt.
Citizens - for -- in confederate govt
Vote for state officials
- state - national govt can - or - the other
Neither, nor, control or change the other
In federal govt central govt - power with -
Shares power with states
State govt - power with - in federal govts
Shares power with central govt
In federal govt, citizens - for both- and -
Vote for both state and national government officials
State govts are - systems
National govt is
Unitary govts are most -, confederate govts are least -
Most nations of the world are
Federal systems are - and mostly in the -
Rarer, mostly in Western Hemisphere (Americas)
Confederate systems are - (who has one?)
Almost nonexistent, Switzerland has one but they are small
Federal system: protects -, but less - than unitary, protects -
Rights, less efficient, protects minority rights
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
National government powers
State government powers
What established state reserved powers
What's layer cake federalism
How long was dual federalism held?
Great Depression of the 1930s
What's marble cake federalism
Fiscal federalism or cooperative federalism
Delegates powers are also called
Interstate and international powers belong to
What are the three types of delegated powers?
Expressed (listed) enumerated
Implied (Nexessary and Proper Clause), majority of power
(Only powers originally listed in original const), mostly in article 1 - powers of congress)
What are concurrent powers?
The broad powers govts need to be govts
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))
Reserved powers are almost all - powers
Reserved powers include powers of -
Local government (town, city, county)
Reserved powers are vast majority of - powers esp - (list examples)
Govt, police powers , (morality, safety, health)
The act of making something appear greater than it actually warranted by facts , expansion of power
What cases involved the Supremacy Clause? What court?
Marbury v Madison
McCulloch v Maryland
What cases involved the Elastic Clause?
McCulloch v Maryland
What cases involved the Commerce Clause?
Gibbons v Ogden
Post Civil War Industrial Boom
Civil Rights Movement (Heart of Atlanta v US)
What cases involved Taxing and Spending Powers?
Great Depression/ New Deal
(Rise of Fiscal Federalism)
War Powers (Pres and Congress)
All major wars
(Esp Civil War)
Amendments 13, 14, 15
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
What's the Hierarchy of Law in the US? (4)
2. The laws of Congress (if in agreement with the Const)
3. Treaties (which can only be made by national govt)
4. State laws
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
All powers convenient and useful to carry out an enumerated power and are not prohibited by the Constitution
The idea that if 3/4 of the states nullify a law it would become unconstitutional
Equal protection clause
Forces states to grant equal protection to all citizens (14 amend)
Due process clause
(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
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
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
Wars increase national govt powers because
Only national govt has war powers
Spending powers are related to what type of federalism?
Fiscal or cooperative
10th amendment only allows states to regulate -
What is solely interstate commerce
Cooperation of state and federal govt in various programs to solve complex social problems (many of which are in state sphere of powers)
Providing grants to states
Fiscal federalism and cooperative federalism -
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
Medicare and Medicaid
Two most expensive funded programs
Medicare is for old ppl, Medicaid is for poor ppl
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)
Money states must contribute that isn't included in grant
Reg or conditions of aid (conditions a state must follow in order to receive a fed grant in aid)
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
What are block grants?
Much fewer mandates
Much broader in scope, not as precise, least regulated
What's main source of federal funding? What 2 programs account for the most? What percent is this?
Medicare and Aid to Families with Dependent Children
New federalism/ devolution revolution
What's the best example?
Give power back to states
Repub party initiative
1996 Welfare Reform Act (poster child)
What's the recent trend when it comes to grants to states
Creeping categorization (congress adding more conditions to block grants)
Funds given to state and local govt "in lieu" of property taxes on federal property (no strings at all)
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
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
Fed courts rulings
Orders by federal courts that increase costs on states
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)
Full faith and credit clause
What's not upheld?
Each state must give full faith and credit to the public acts, records, and civil proceedings of other states
Quicke divorces not upheld
Privileges and Immunities Clause
The more - the right, the less likely - against citizens can occur
Requires each state to grant all the privileges and in immunities offered in that state to citizens of other states
Sts are required to return a person charged with a crime in another state to that state
Fugitive slave law
What made it invalid?
(Made invalid by 13 amendment)
Forbid state laws that freed slaves escaping from another state
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