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AP Civics & Government > III - Federalism > Flashcards

III - Federalism Flashcards

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1
Q

federalism

A

A way of organizing a nation so that two or more levels of gov’t have formal authority over the same area & people

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2
Q

Why did Framers select federalism for the new nation?

A

Strong loyalty to individual states

US was vast & population spread out over large area

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3
Q

Unitary system

A

Power is in the hands of fed gov’t

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4
Q

Confederation

A

almost all power is with the states & federal gov’t is weak

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5
Q

Countries with unitary system

A

China
Saudi Arabia
Spain

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6
Q

Intergovernmental relations

A

Interaction & dealing between federal, state, and local gov’‘t

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7
Q

In a federal system the central & state gov’t

A

Oftentimes share power

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8
Q

Expressed powers

A

Powers granted to national gov’t by Constitution

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9
Q

Implied Powers

A

Powers not specifically stated, but justified by “necessary and proper” clause

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10
Q

Concurrent powers

A

Powers that national & state gov’t share

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11
Q

Reserved powers

A

Powers kept for states (10th Amendment)

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12
Q

10th Amendment

A

States kept all powers not explicitly forbidden by Constitution

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13
Q

Reserved powers examples

A

Regulate intrastate commerce
Organize local gov’‘t
Responsible for state & federal elections
Ratify Constitutional Amendments

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14
Q

Enumerated Powers examples

A 
Declare war
Enter into treaties
Coin money
Tax interstate trade
Grant titles of nobility
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15
Q

Amendments have expanded

A

Power of the federal gov’t
13th- prohibit slavery
14th - deny equal protection of law
15th- 19th - deny vote because of race or gender

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16
Q

Fed gov’t duty to states

A

Can’t divide states

Must protect states from invasion

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17
Q

Concurrent powers examples

A

Levy taxes
Maintain law & order
Establishing courts
Legislate

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18
Q

Supremacy clause is located in

A

Article VI, Clause II

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19
Q

Supremacy clause states

A

Federal laws supersede state laws

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20
Q

There has been a tug of war over

A

whether state or federal gov’t should govern or legislate on different issues

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21
Q

Examples of tug of war

A

Civil War raised question of state vs federal authority
Fight for racial equality -> Little Rock Nine
Immigration
Marijuana

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22
Q

Enumerated powers is listed in

A

Article I, Section VIII

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23
Q

Implied powers are derived from

A

Elastic clause

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24
Q

Elastic clause

A

Allows Congress to make laws that are “necessary and proper” to carry out its enumerated powers

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25
Elastic clause in action
Hamilton & Congress created the BUS
26
McCulloch v Maryland
SCOTUS ruled the creation of the national bank was constitutional
27
Impact of McCulloch v Maryland
Congress has implied powers necessary to implement its enumerated powers supremacy of Constitution Federal laws over state law
28
Loose Construction
Broad interpretation of Constitution
29
Commerce Clause
Constitution gives Congress the power to regulate commerce
30
Gibbons v Ogden
Ruled Congress could control interstate commerce
31
Huge debate about proper role of gov't regulation of money
Gilded Age -> limited regulation/ increased calls for economic regulation Progressive Era -> Laws against monopolies, child labor, city services, environment, etc. New Deal: expansion of regulatory power Late 1980's: restriction of congressional regulatory power
32
US v Lopez (1995)
Ruled Congress cannot use commerce to make possession of gun in a school zone a federal crime
33
10th Amendment states
"Powers not delegated to the US by Constitution, nor prohibited by it to the states, are reserved to states respectively, or the the people"
34
Strict construction
If it's not in the Constitution, it can't be done
35
Advocates of states' rights argue that
10th amendment gives national gov't only those powers specifically granted to it in Constitution
36
SCOTUS ruled that the 10th Amendment does not mean
States are above federal gov't
37
Marshall Court established
Federal supremacy
38
Cases in Marshall Courts
Marbury v Madison McCulloch v Maryland Gibbons v Ogden
39
Full Faith and Credit Clause
States must honor the acts, records, & proceedings of other states
40
Issues around the Full Faith and Credit Clause
Defense of Marriage Act that allowed states not to honor LGBT marriages in other states Legalized marijuana
41
Extradition
States required to return a person accused of a crime in another state to that state for trial and/or possible imprisonment
42
Privileges & Immunitites Clause
Prohibits a state from discrimination against residents of another state
43
Issues around Privileges & Immunitites Clause
States colleges can charge higher tuiton to out-of-state students
44
Power has gradually shifted from states to
federal gov't
45
Dual federalism is like
Layer cake
46
Dual federalism
State & federal gov't each have their own separate spheres of authority Federal power interpreted narrowly
47
Cooperative federalism is like
Marble cake
48
Cooperative federalism
Federal gov't & states share spheres of power/ responsibilities
49
US has transitioned from a dual federalism to a
cooperative
50
Examples of cooperative federalism
National Defense of Education Act | Interstate Highway Act
51
Federal gov't shares costs by
providing federal dollars that is typically attached to federal guidelines
52
Republicans
Tend to favor a weaker national gov't | Favor state power
53
Democrats
Tend to favor a stronger national gov't to address social & economic issues
54
Cooperative federalism was most prominent during
``` New Deal (1930s) Great Society (1960s) ```
55
Devolution
Shifting of power & responsibilities of policies from the central gov't to states & local gov't
56
Devolution was most prominent after
the election of Reagan in 1980
57
Republicans increasingly expanded
Role & power of federal gov't
58
Examples of expansion of fed power
No Child Left Behind - 2001 | DOMA - 1996
59
Fiscal federalism
Distribution of federal grants | Key component of cooperative federalism
60
Two main types of federal grants
categorical grants | Block grants
61
Categorical grants
Can only be used by states for specific purposes
62
Categorical grants are significant because
federal gov't can influence policy
63
Crossover sanction
Withholding money unless states change their policy
64
Crossover sanction example
Typing highway funding to increasing drinking age to 21
65
Crosscutting requirements
Condition on a federal grant is extended to all activities supported by federal funds
66
Crosscutting requirements example
A university discriminates in its athletics program could lose federal aid for all its programs
67
Two types of categorical grants
Project grants | Formula grants
68
Project grants
Most common | Awarded on basis of competitive application
69
Formula grants
Federal money distributed based upon a formula (# of recipients, income, etc.)
70
Block grants
federal money given to states that only specifies the policy area in which money could be used (education, healthcare, etc.)
71
Rush for federal money
Lawmakers & lobbyists attempt to secure federal dollars
72
Mandates
Requirement that states must provide certain services as a condition of receiving federal funds
73
Unfunded mandates
Requirements placed on states by the federal gov't that are not funded
74
Pro of federalism: More opportunities for participation
More levels of gov't create more opportunities for civic engagement
75
Pro of federalism: Decentralizes policy
Allows voters in different areas to choose representatives that will promote their interests at both the state & federal level
76
Con of federalism: Preventing national majorities
Local interests can stop national policies supported by a majority of Americans
77
Preventing national majorities examples
Southern states during civil rights movement
78
Con of federalism: Increased bureaucracy
Lots of governments
79
Con of federalism: Disparity in services & spending b/t states
Wide spectrum of resource allocation in different regions
80
What is at the heart of the debate over balance of power between national & state gov't?
Interpretation of 10th/ 14th Amendments Commerce clause Necessary & proper clause Enumerated/ implied powers

AP Civics & Government (36 decks)

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