Ch. 3: Federalism

Question 1

What are the 3 kinds of sovereign governments?

Answer 1

Unitary, Confederal, Federalist systems

Question 2

What does sovereign mean?

Answer 2

Autonomous

Question 3

Unitary System

Answer 3

In which sovereignty is 100% with the national government. Local govs have no final say and exist solely to lighten the administrative load.

Question 4

Confederal system

Answer 4

In which the state governments have sovereignty, and the national government is a sort of agreement of states, but it can’t decide anything

Question 5

Federalist system

Answer 5

In which some rights are only nat gov, some only local gov, and some both

Question 6

What are some sus situations that can/have result from federal system?

Answer 6

Hurricane Katrina: everybody wanted everybody else to manage things, and nobody actually managed them until it was too late
Cascadia Subdution Zone: Super sus earthquake-ness is predicted, and yet there is little regulation of earthquake readiness and a school superintendent was shut down (by referendum, no less) when he tried to build schools that were out of the inundation zone.

Question 7

Federalism Pros:

Answer 7

1. Pragmatic. The U.S is big, and diverse
2. Practice. States can try new things, and others can learn from them. Ex: Pennsylvania/Massachusetts w/ constitutions.
3. Ensures separation of powers

Question 8

Federalism Cons:

Answer 8

1. Prevents the creation of one national policy

2. Make assigning responsibility difficult (Katrina)

Question 9

What does the 10th amendment say?

Answer 9

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

Question 10

What is the Elastic Clause?

Answer 10

Article 1, Section 8: “The Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Question 11

What is the Commerce Clause?

Answer 11

Article 1, Section 8: “[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

Question 12

What were Hamilton’s views on govt?

Answer 12

Nat gov should be powerful and liberally defined in order to create a strong national economy and conduct foreign affairs

Question 13

What were Jefferson’s views of govt?

Answer 13

Nat gov should exist as an agreement of states. Nat gov will be a threat to liberty, and thus its powers should be limited and strictly defined

Question 14

Marbury vs. Madison

Answer 14

1803. John Adams wanted to appoint a bunch of Federalist “midnight judges” to stymie Jefferson’s Democratic-Republican politics. John Marshall (secretary of state at the time, also chief justice) didn’t get all the comissions out by the time Jefferson took office, and Jefferson believed the ones that hadn’t gotten out were void. One of these was William Marbury’s, who brought a petition to the court. John Marshall then proclaimed the 1789 judiciary act was unconstitutional, setting a precedent for this actions.

Question 15

Judicial Review

Answer 15

The power of the supreme court to examine and invalidate actions taken by the legislative and executive branches

Question 16

Supremacy Clause

Answer 16

A clause that states that the constitution and its government make the supreme laws of the land. Federal preemption is derived from this clause: implied, and express.

Question 17

McCullouch v. Maryland

Answer 17

1819. McCullouch was a sales clerk at the baltimore branch of the bank of the U.S. He refused to pay a tax levied by the state of maryland. State court ruled in the states favor, nat gov appealed to the supreme court. John Marshall ruled that although the power to create a bank wasn’t in the constitution, it was implied by the elastic clause. This set a precedent for nat gov supremacy. “The power to tax is the power to destroy”.

Question 18

Gibbons v. Ogden

Answer 18

1824. NY legislature gave Aaron Ogden the right to operate a ferry between NY and NJ. Thomas Gibbons had received a nat gov license to operate boats in interstate waters. Ogden sued Gibbons, NY court favored Ogden. Gibbons appealing to Supreme court, who ruled in his favor, using the commerce clause. Commerce = all business dealings.

Question 19

Who wrote the Federalist Papers?

Answer 19

Hamilton, Madison, John Jay

Question 20

U.S v. Lopez

Answer 20

1995. Supreme court put boundaries on what the fed gov can regulate when it struck down the prohibition of guns in school zones (bc the nat gov had been regulating using the commerce clause, which has nothing to do w/ that)

Question 21

U.S v. Printz

Answer 21

1997. Supreme Court ruled that nat gov didn;t have right to force states to carry out background checks on people buying guns.

Question 22

What was the government like under the articles of confederation?

Answer 22

One branch: unicameral legislative. All they could do was regulate the post, and an amendment required a unanimous vote. States point-blank refused to implement some laws, taxed each other, made treaties by themselves. 9/13 states had to agree to pass legislation.

Question 23

What are some ways to informally amend the constitution?

Answer 23

1. Legislative action: Congress can pass acts to clarify the meaning of the constitution
2. Executive action: presidents can use their powers to bypass other branches. Ex: executive action
3. Judicial review
4. Custom/usage: customs that are not written in but are in place. Ex: no-third-term presidency, until 22nd amendment

Question 24

Give some examples of enumerated powers (nat gov only)

Answer 24

$$ printing, declaring war, conducting foreign relations, regulate immigration

Question 25

Give some examples of reserved powers (states only)

Answer 25

intrastate commerce, public schools, regulate licensing

Question 26

Prohibited powers

Answer 26

powers that are expressly forbidden. Ex: passing any ex post facto law

Question 27

Provisions about state relationships

Answer 27

1. Full faith and credit clause
2. Privileges and immunities clause: states are prohibited from discriminating unreasonably against residents of other states
3. Extradition: states must return fugitives to their states to be dealt with
4. Interstate compacts: states may make agreements to work together (these sometimes require congressional approval)

Question 28

What forms of federalism have there been?

Answer 28

Dual, cooperative, new, and fiscal

Question 29

Dual Federalism

Answer 29

1789-1932 (new deal). “Layer cake federalism”. Each part of gov was responsible for its things

Question 30

Cooperative Federalism

Answer 30

1930s-Nixon. “Marble cake federalism”. National government cooperated with the state governments

Question 31

New Federalism

Answer 31

Nixon, Reagan, Bush #1. Devolution. Ex: Welfare legislation turned over to the states. Nat gov gave $, states did stuff with it. Not a v good idea.

Question 32

Fiscal Federalism

Answer 32

Carrot/stick federalism. Bush #2 - today. Used grants-in-aid, categorical grants, block grants, revenue sharing, mandates

Question 33

grants-in-aid

Answer 33

Money/ resources provided by nat gov for state/local governments for specific projects or programs. Include state college land grants

Question 34

Categorical grants

Answer 34

grants that have a specific purpose defined by law. May awarded as project grants (awarded on the basis of a competitive application between states) or formula grants

Question 35

Block grants

Answer 35

general grants that can be used for a variety of purposes within a broad category. Preferred by states over categorical grants.

Question 36

Revenue sharing

Answer 36

Johnson administration, eliminated during the reagan administration. “No strings attached” form of aid

Question 37

Mandates

Answer 37

Requirements imposed by the national government on state/local governments. Can be funded, or unfunded. There is the unfunded mandate reform act, limiting how many unfunded mandates congress can pass.

Question 38

Devolution

Answer 38

Responsibility from nat gov to state gov (1st order), state gov to local gov (2nd order), local gov to private/charitable organizations (3rd order)

Question 39

Describe the history of the federal government/carrot sticks

Answer 39

Grant in aid programs grew in the 1960s gave nat gov lots of power, leading to intense competition between states until the fed gov started replacing categorical grants with block grants. However,
1. creeping categorization occurred as the federal government realized it didn’t like what the states were doing.
2. Categorical grants spawned interest groups who relied on them, and created and intergovernmental lobby to get grants. The nat gov restricted the # of block grants
3. By the 1980s and 90s, there was a political stalemate between republicans and democrats
Clinton moved welfare into the hands of the states, Bush #2 moved education into the hands of the nat gov