III - Federalism Flashcards

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
Q

Elastic clause in action

A

Hamilton & Congress created the BUS

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26
Q

McCulloch v Maryland

A

SCOTUS ruled the creation of the national bank was constitutional

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27
Q

Impact of McCulloch v Maryland

A

Congress has implied powers necessary to implement its enumerated powers
supremacy of Constitution
Federal laws over state law

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28
Q

Loose Construction

A

Broad interpretation of Constitution

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29
Q

Commerce Clause

A

Constitution gives Congress the power to regulate commerce

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30
Q

Gibbons v Ogden

A

Ruled Congress could control interstate commerce

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31
Q

Huge debate about proper role of gov’t regulation of money

A

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

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32
Q

US v Lopez (1995)

A

Ruled Congress cannot use commerce to make possession of gun in a school zone a federal crime

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33
Q

10th Amendment states

A

“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
Q

Strict construction

A

If it’s not in the Constitution, it can’t be done

35
Q

Advocates of states’ rights argue that

A

10th amendment gives national gov’t only those powers specifically granted to it in Constitution

36
Q

SCOTUS ruled that the 10th Amendment does not mean

A

States are above federal gov’t

37
Q

Marshall Court established

A

Federal supremacy

38
Q

Cases in Marshall Courts

A

Marbury v Madison
McCulloch v Maryland
Gibbons v Ogden

39
Q

Full Faith and Credit Clause

A

States must honor the acts, records, & proceedings of other states

40
Q

Issues around the Full Faith and Credit Clause

A

Defense of Marriage Act that allowed states not to honor LGBT marriages in other states
Legalized marijuana

41
Q

Extradition

A

States required to return a person accused of a crime in another state to that state for trial and/or possible imprisonment

42
Q

Privileges & Immunitites Clause

A

Prohibits a state from discrimination against residents of another state

43
Q

Issues around Privileges & Immunitites Clause

A

States colleges can charge higher tuiton to out-of-state students

44
Q

Power has gradually shifted from states to

A

federal gov’t

45
Q

Dual federalism is like

A

Layer cake

46
Q

Dual federalism

A

State & federal gov’t each have their own separate spheres of authority
Federal power interpreted narrowly

47
Q

Cooperative federalism is like

A

Marble cake

48
Q

Cooperative federalism

A

Federal gov’t & states share spheres of power/ responsibilities

49
Q

US has transitioned from a dual federalism to a

A

cooperative

50
Q

Examples of cooperative federalism

A

National Defense of Education Act

Interstate Highway Act

51
Q

Federal gov’t shares costs by

A

providing federal dollars that is typically attached to federal guidelines

52
Q

Republicans

A

Tend to favor a weaker national gov’t

Favor state power

53
Q

Democrats

A

Tend to favor a stronger national gov’t to address social & economic issues

54
Q

Cooperative federalism was most prominent during

A
New Deal (1930s)
Great Society (1960s)
55
Q

Devolution

A

Shifting of power & responsibilities of policies from the central gov’t to states & local gov’t

56
Q

Devolution was most prominent after

A

the election of Reagan in 1980

57
Q

Republicans increasingly expanded

A

Role & power of federal gov’t

58
Q

Examples of expansion of fed power

A

No Child Left Behind - 2001

DOMA - 1996

59
Q

Fiscal federalism

A

Distribution of federal grants

Key component of cooperative federalism

60
Q

Two main types of federal grants

A

categorical grants

Block grants

61
Q

Categorical grants

A

Can only be used by states for specific purposes

62
Q

Categorical grants are significant because

A

federal gov’t can influence policy

63
Q

Crossover sanction

A

Withholding money unless states change their policy

64
Q

Crossover sanction example

A

Typing highway funding to increasing drinking age to 21

65
Q

Crosscutting requirements

A

Condition on a federal grant is extended to all activities supported by federal funds

66
Q

Crosscutting requirements example

A

A university discriminates in its athletics program could lose federal aid for all its programs

67
Q

Two types of categorical grants

A

Project grants

Formula grants

68
Q

Project grants

A

Most common

Awarded on basis of competitive application

69
Q

Formula grants

A

Federal money distributed based upon a formula (# of recipients, income, etc.)

70
Q

Block grants

A

federal money given to states that only specifies the policy area in which money could be used (education, healthcare, etc.)

71
Q

Rush for federal money

A

Lawmakers & lobbyists attempt to secure federal dollars

72
Q

Mandates

A

Requirement that states must provide certain services as a condition of receiving federal funds

73
Q

Unfunded mandates

A

Requirements placed on states by the federal gov’t that are not funded

74
Q

Pro of federalism: More opportunities for participation

A

More levels of gov’t create more opportunities for civic engagement

75
Q

Pro of federalism: Decentralizes policy

A

Allows voters in different areas to choose representatives that will promote their interests at both the state & federal level

76
Q

Con of federalism: Preventing national majorities

A

Local interests can stop national policies supported by a majority of Americans

77
Q

Preventing national majorities examples

A

Southern states during civil rights movement

78
Q

Con of federalism: Increased bureaucracy

A

Lots of governments

79
Q

Con of federalism: Disparity in services & spending b/t states

A

Wide spectrum of resource allocation in different regions

80
Q

What is at the heart of the debate over balance of power between national & state gov’t?

A

Interpretation of 10th/ 14th Amendments
Commerce clause
Necessary & proper clause
Enumerated/ implied powers