Ch. 3 - Federalism Flashcards
what is nullification?
The state has a right to deem federal law unconstitutional
Define unitary government
The national, centralized government holds the ultimate authority
Define Federal government
A country has a government with political subunits, with each subunit having a degree of autonomy and authority.
Define Confederal government
States hold power over a limited national government.
what are unfunded mandates?
federal laws that require local governments to do things without providing the necessary fundings to cover cost
what is the supremacy clause?
federal laws are the supreme law of the land
Why are there so many debates about the supremacy clause?
the supremacy clause only applies to issues the Constitution says are federal powers
since the 1970s, how has the Supreme Court ruled regarding the commerce clause?
limited Congress’s ability to use the commerce clause to address national problems
What is competitive federalism?
creates a “race to the bottom”, the practice of states adopting different policies to attract business, which affects low-income people because taxes are low so low spending on social programs
what is coercive federalism?
the use of preemptions and unfunded mandates to compel states to follow federal policies
What are police powers?
allow the government to provide for public safety, relevant for our day-to-day lives
what is the chronological order of different types of federalism?
layer cake, marble, picket fence, and coercive
what is the 11th amendment?
prevents federal lawsuits from being brought against a state without its consent, states have sovereign immunity
what is the necessary and proper clause?
broad grant of power to the federal government to make laws necessary for carrying out its powers
what is the 10th amendment?
reserves all powers not granted to the federal government to the states under Constitution
Gibbons V. Ogden
the decision was Congress has the right to regulate interstate commerce (federal power)
McCulloch v. Maryland
the decision that Congress could charter a federal bank, “implied powers” (federal power)
United States v. Lopez
the decision ruled that regulating guns near schools was for the state (State power)
what shifted governments toward cooperative federalism?
the challenges posed by the Great Depression and World War II that needed multiple levels of government to step in
Fiscal federalism
the use of federal funds to encourage states to comply with national policies
Dual Federalism
an older form of federalism in which the state and national governments provide separate services, people are citizens of country and state
what is the 15th amendment?
gave freed male slaves the right to vote
what are block grants?
federal aid is provided to a state gov. to be spent within a certain policy area but the state can decide how to spend within that area
what are categorical grants?
federal aid to state/local gov. that is provided for a specific purpose, like school lunch program within the education budget
