5. Federalism Flashcards
What is federalism?
A system of government in which power is divided between a centralized national authority and multiple smaller local authorities
What is the hierarchy of governments?
The national federal government, then 50 state governments, and then MANY local governments (city town district etc) There are over 86,000 governmental units in the US (as of 2014)
What are powers constitutionally given to states?
Shared power to amend the Constitution of the United States (petition of 2/3rd Congress and approval of 3/4ths of state legislatures) Powers to tax, voter rights and voter eligibility, property and contract law, family law, education, public goods, and social welfare
If a power is not expressively given to the federal government then who does it belong to?
State governments
What is the national supremacy clause and what is its significance?
Article 6 of the Constitution establishes a legal hierarchy with the federal government at the top. If the federal and state governments come into conflict, federal law ALWAYS trumps state laws.
How have the relationships between the state governments and the federal governments evolved over time?
Over time power has generally flowed from the states to the federal government
What principle did McCulloch vs Maryland establish?
The principle that the government can stretch its power to include anything that is not expressively forbidden by the Constitution (ie creation of a National Bank)
What was the controversy surrounding The National Relations Board vs Jones and Laughlin Steel Corp (1937)?
Controversy over federal attempts to regulate wages and labor standards. It established the principle that Congress CAN regulate the national economy under the interstate commerce clause
What are the 3 types of Federalism?
Dual federalism, cooperative federalism, and regulated federalism
What is Dual federalism?
The first type of federalism in the US. It characterizes the relations between States and national governments from the ratification of the Constitution to the New Deal era. Most everyday regulation was state-led
What is Cooperative federalism?
The second type of federalism in the US. As a result of President Roosevelt’s New Deal initiative, there was a dramatic expansion in the powers of the federal government. There was a collaboration between the states and the federal gov. This was also the emergence of federal funding for state programs
What is regulated federalism
Our current type of federalism where the federal government has unprecedented influence over state behavior
What does regulated federalism protect?
It protects civil rights, the environment, labor standards, consumer standards etc
How does the federal government influence state governments to do something when it is not legally (Constitutionally) empowered to do so?
Through Grant Aid Funding which are funds given to state governments by federal governments in order to support public goods, education, social welfare etc.
What are some examples of Conditional funding (strings attached)?
No Child Left Behind Act, National Speed Limits (55mph), and Obamacare
