Flashcards in Government Chapter 5 Deck (61):
How are most national laws, policies, and programs shaped and administered?
A combination of federal-state relations
What has been the number one source of political conflict?
Rivalry between the national and state governments
What are specific areas of conflict between the federal and state governments?
Social welfare programs
Federal health care reforms
How were debates between the state and national gov usually settled?k
They were almost always favoring the national government, but usually the state's had a large role in the details of the programs (administration and money)
What do states have the majority of the control over?
Much of the newest efforts in health care
Why do other democratic countries not have political conflict between different levels of government like we do?
1. They recognize a supreme or ultimate authority
2. Most do not have a governmental structure like the US. It is a very intricate form of federalism
Supreme/ultimate political authority.
A sovereign government is legally and politically independent of any other government.
This is not found anywhere in the US government
A system where ultimate authority is shared between central government and state or regional governments
The parts must exist independently of eachother
What are some examples of federalist countries?
US, Australia, Canada, India, Germany, and Switzerland
What are highways and some welfare systems controlled by?
The state government
What are education, policing, and land use controls controlled by?
The local government
What are for local governments influenced by?
People's habits, opinions, and preferences
The distribution of power
LOOK AT CHARTS
What does federalism protect?
States or regional governments retain ultimate authority except for those powers that they expressly delegate to a central government
The us had this form of government under the articles of confederation
Where does a federation derive its power from?
Directly from the people
It is a federal republic
Where do the powers that are not specifically given to the state or federal government fall to?
The state government
What is the "necessary and proper" clause?
Congress has the power to make all laws which shall be necessary and proper for carrying into execution of the foregoing powers
What is another name for the necessary and proper clause?
The elastic clause
What did Hamilton believe?
The federal government should have superiority
What did Jefferson believe and teach?
The federal government was really an agreement of the state's and for national government was the biggest threat to their liberties
What did the war's outcome show?
The national government was supreme in that the state's could not secede
Who was the Chief Justice of the Supreme Court at this time and what did he believe?
He believed in Hamiltonian ideas
What happened in McCulloch vs. Maryland?
A branch of the us refused to pay a state tax
What two questions did the Supreme Court answer in the M V M case?
1. Whether or not congress had the right to set up a bank or any corporation because it was not stated
What power has the federal government taken from the state's?
Social welfare policy, education, health care, and minimum wage
What did John Marshall decide about the federal government in regard to the states?
The federal government must be immune to destruction by the states because the power to tax is the power to destroy, so fine stats can not tax the federal government
Who won the case?
The federal government
Can the government tax state instrumentalists?
They could not at first, but now they can
Who was nullification first created by?
James Madison and Thomas Jefferson
What was nullification?
The state's had the right to declare a law null and void if they found it to be unconstitutional
Who revived nullification and why?
John c Calhoun revived it in opposition of the ban of slavery
What made it clear that the federal union could not be controlled by the state's?
When the north won the war
What is dual federalism?
A constitutional theory that the national government and the state governments each have defined areas of authority, especially over commerce
Who defines which areas control which commerce?
The Supreme Court
What is the difference between interstate and intrastate commerce and who controls what?
Intra- 1 state and the state controls
Inter- multiple states and the national government controls it
What are the rules about how much authority congress can exert over the states?
1. The constitution requires a distinction between what is national and what is local
2. The power of congress to regulate local activities depends on their being a part of interstate commerce
What did the people want local control of?
Police, school, and land regulations
What are the people willing to let the federal government regulate?
Local business activity
How have police, schools, and land use been affected by federal regulations?
1. Federal courts have profoundly shaped local institutions
2. The development of federal grants-in-aid
What are grants in aid and what are they typically used for?
Federal funds provided to states and localities. Typically funded for airports, highways, education, and major welfare services
If the federal government sends money to one stage or congressional district, does it need to send money to all areas?
What is the intergovernmental lobby?
It was formed by state and local officials. A group of people who have come to count on federal funds
The purpose was to get more money with fewer strings attached
What are categorical grants?
A federal grant with a specific purpose defined by federal law
These require that the state or portion of government receiving the money must match some part of the federal grant though the amount can be quite small
Why do governors not like federal grants?
The purposes of these grants were so narrow that it was impossible for a state to adapt federal grants to local needs
Grants from the federal government to states that have a general purpose with fewer restrictions
What are mandates?
Rules imposed by the federal government on the states as requirements that the states pay the cost of certain nationally defined programs
Conditions of aid
Federal rules attached to the grants that states receive. States must agree to abide by these rules to receive the grants
What did the unfunded mandates reform act say?
It instructed the congressional budget office to decide whether any federal mandate required the states to spend money beyond what they get from Washington
Where was there the most growth in the government?
In the northeast, but now is shifting more to the south/southwest/southeast
What does federalism do?
It accommodates differences without imposing an iron will on people
Where has there been the most political conflict?
Between the state government and the national government
Supreme or ultimate political authority. A sovereign government is legally and politically independent of any other government
What must be true of the state and local units of a nation's government in order for the central government to be considered federal?
Local units must exist independently from fine preferences kf the national government
It can make some decisions independently
Countries with federal systems
Canada, Australia, India, and Germany
What has kept local governments independent of the national government in the US?
The commitment of Americans to local government
How has congress played a major part in preserving federalism?
The people in congress vote according to what is best for the people they represent
How have states managed to maintain a large role in governing?
The federal government administers some things and let's the states control them (food stamps)
What is federalism created to protect?
What type of government existed among the states from 1776 to 1787?