Ch3 Federalism Flashcards

0
Q

2000 same sex marriage

A

Vermont recognized civil unions

But weren’t recognized legally in other states

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1
Q

DOMA

A

1996
Defense of marriage act
Allowed federal government to ignore ssm even if states had allowed it

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2
Q

Prop 8

A

2009 California law

Taken to Supreme Court and court said person who appealed couldn’t so the case died

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3
Q

States passed ssm

A

2010-2012 and Vermont did it in 2009

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4
Q

2013 DOMA decision

A

Ruled unconstitutional
Big federalist decison of our time
State vs state
Full faith and credit

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5
Q

Important aspects of federalism

A
  • decreases growth of tyranny
  • unity without uniformity
  • encourages experimentation
  • training future leaders-presidents were governors
  • govt close to people
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6
Q

Downsides to federalism

A
  • tough time dealing with national emergencies (hurricane Katrina)
  • accountability-who’s responsibility is who’s
  • no uniformity-conflict-supremacy
  • redundancy inefficiency
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7
Q

Dual federalism

A
  • layer cake
  • beginning to civil war
  • natl and state had their own jobs and left each other alone
  • national government only really did foreign policy and defense
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8
Q

Fletcher vs Peck

A

Supreme Court ruled state law unconstitutional

First time this was done

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9
Q

Election of 1800

A

-first two presidents were fans of strong natl govt
-Jefferson was a fan of states having powers
-Jefferson let states do pretty much anything
⭐️small cause of civl war

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10
Q

Gibbons vs Ogden

A

1824
-argument over trade in just NY
-Court said that’s Congress’s job to regulate because if the commerce in one state affects commerce in another state it’s interstate
-led to congress having the ability to regulate slavery
⭐️small cause of civil war

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11
Q

Jackson

A

Liberty=state economy control

Gave a lot of power back to the states

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12
Q

Progressive federalism

A

Civil war-Great Depression
More national laws and powers
-natl did laws in labor, business, more regulations on commerce, immigration, industry

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13
Q

Cooperative federalism

A

Marble cake
Great Depression-1961
National and state
New deal

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14
Q

Nullification

A

A state disregarding a federal law

No longer allowed

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15
Q

Grodzins

A

Came up with the name marble cake federalism

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16
Q

Creative federalism

A

1961-1969
JFK/LBJ
Intergovernment actions
-civil rights-conditional “you’ll do this or else”
-crossover sanctions-your performance in this area will affect another area

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17
Q

Heart of Atlanta hotel vs us

A

Motel owner wasn’t renting rooms to blacks
Increase in commerce power
Congress could control private business owners

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18
Q

Permissive federalism

A

Gave states some power but not too much

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19
Q

New fiscal federalism

A

Nixon
Impoundment
Used money as a tool/weapon

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20
Q

New regulatory federalism

A

Reagan
Used regulations to control states
Got rid of revenue sharing

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21
Q

Our federalism

A

Conservative judges on Supreme Court

10th amendment state>natl

22
Q

Reinventing federalism

A
Clinton
Increased efficiency/responsiveness
Welfare reforms-1996
Natl money from welfare-states 
    -saved govt lots of money
23
Q

New federalism

A

Bush
Devolution revolution-gave power back to states
Laboratories of democracy
No child left behind

24
Q

Progressive/cooperative federalism

A

Obama

Policies left minimum standards

25
Q

Number of govt units and employees

A

90000 units and 22 million employees

26
Q

Constitutional foundations of federalism

A
  • expressed/implied
  • supremacy
  • 10th amendment
  • list of powers denied to both
27
Q

Inherent powers

A

Powers that govt just has

Immigration, presidential foreign powers

28
Q

Constitutional pillars of federalism

A
  • supremacy
  • war powers
  • commerce-interstate/foreign
  • tax spend
  • mandates
29
Q

Us vs Lopez

A

Gun free schools law, congress tried to back up with commerce but court said it wasn’t a close enough tie

30
Q

Types of mandates and examples

A

Funded
Unfunded
Americans with disabilities act

Unfunded mandate reform act of 1995
-doesn’t get rid of them but makes it a lot harder to do

31
Q

Interstate relations

A
  • full faith and credit
  • interstate privileges and immunities
  • interstate compacts
  • extradition
32
Q

Extradition

A

Commit a crime in CA and go to RI you get caught you’re sent back to CA for a trial

33
Q

Courts and federalism in the 1930s-1990s

A

Fairly liberal period since democratic presidents had appointed much of the court
Tended to side with congress during this time

34
Q

90s to now courts and federalism

A

More conservative court

35
Q

Current court is

A

5-conservatives
4-liberals
State focused

36
Q

Violence against women act

A

Struck down because national govt intruding into state powers

37
Q

Centrist v de centrist

A

Centrist-see const as enabling
Decentrist-see const as limiting
Big issues-gun control, welfare, education, immigration

38
Q

Preemption

A

The actual action of applying supremacy

39
Q

Types of preemption

A

Total-fed law replaces state law
Partial-optional, natl lays groundwork
Mandatory partial-here’s the law and you’re going to do it (clean air act)

40
Q

Grants

A

Money from natl govt handed off to states

41
Q

Reasons for grants

A
  • revenue for states
  • minimum standards
  • equalize resources
  • deal with natl problems without govt
42
Q

Categorical grants

A
Narrowly defined 
Specific
Big 
Govt lays out parameters
Many strings attached
43
Q

Formula grants

A

Type of categorical

Uses a formula to determine aid

44
Q

Block grants

A

Not many strings attached

Welfare reforms of 1996

45
Q

Project grant

A

Received by smaller organizations
Not state wide
Similar to block grants
Not many strings attached

46
Q

Government action policy

A

States provide today and govt provides for tomorrow and vice versa

47
Q

Republicans

A

Favor states
Less regulations
“Laboratories”

48
Q

Democrats

A

Federal guidelines

National solutions

49
Q

Techniques of federal control

A

Direct orders
Cross cutting requirements
Crossover sanctions

50
Q

Cross cutting requirements

A

Something that’s not just in one area but cuts across several facets
Ex 1964 civil rights act

51
Q

Crossover sanctions

A

Here’s your money for one thing and you’ll get it after you do this
Reagan and drinking age

52
Q

Increase in federal control

A

Growth of nation
Industrialization
Infrastructure
Depression and WW II

53
Q

Once a federal program is created it’s hard

A

To get rid of
Sometimes policies are popular with people even though they’re dumb policies so when politicians try to remove them they get votes out of office