Ch.3: Texas in the Federal System

Question 1

A system of government in which one central government has ultimate authority, any regional or local governments are subordinate to the central government.

Answer 1

unitary system

Question 2

Asystemofgovernmentin which member state or regional governments have all authority and any central institutions have only the power that regional governments choose to give to them

Answer 2

Confederal System

Question 3

Conflicts:

Answer 3

– The states’ right to leave the union
– The power of government to regulate business – The implementation of political reforms
– Problems of race, poverty, and abortion

Question 4

Powers are strictly separated between the federal and state governments

Answer 4

Dual Federalism

Question 5

possessing supreme political authority within a geographical area

Answer 5

sovereign

Question 6

a way of describing the system of dual federalism in which there is a division of responsibilities between the state and the national governments

Answer 6

Layer-cake Federalism

Question 7

at heart of dual federalism. It ensured that states retained those powers that were not given to the federal government

Answer 7

Tenth Amendment

Question 8

a way of describing federalism where the boundaries between the national government and state government have become blurred

Answer 8

marble-cake federalism

Question 9

a type of federalism existing since the New Deal Era in which grants in aid have been used to encourage Staes and localities to pursue nationally defined goals also known as intergovernmental cooperation

Answer 9

cooperative federalism

Question 10

congressionally appropriated grants to states and localities on the condition that expenditures be limited to a problem or group specified by law

Answer 10

categorical grants

Question 11

the attempts by Presidents Nixon and Reagan to return to power to the states through block grants

Answer 11

New Federalism

Question 12

federal grants that allow states considerable discretion on how funds are spent

Answer 12

block grants

Question 13

federal policies that force states to change their policies to achieve national goals

Answer 13

coercive federalism

Question 14

federal requirements that states or local governments pay the costs of federal policies

Answer 14

unfunded mandates

Question 15

where the national government imposes its priorities and prevents the state from acting in a particular field

Answer 15

preemption

Question 16

Federal mandates of across the board requirements that affect all or most federal assistance programs such as environmental impact statement.

Answer 16

Cross-cutting requirements

Question 17

Federal mandates whereby state and local governments will lose federal funding for non compliance

Answer 17

Cross-over sanctions

Question 18

Federal mandates embodied in a congressional law or regulation that must be enforced or state and local officials may be held accountable by civil and criminal penalties.

Answer 18

direct orders

Question 19

rights in the Bill of Rights that are held to apply to the states because they are part of the “liberty” protected from the states in the Fourteenth Amendment

Answer 19

Selective Incorporation

Question 20

held in Gitlow v New York that has the first amendment right of free speech was a fundamental right that applied to the states

Answer 20

Sanford Dictum

Question 21

an interpretation of the equal protection clause of the 14th amendment that held that states could segregate races as long as equal facilities were provided; it was overturned in 1954

Answer 21

seperate but equal

Question 22

the most rigorous equal protection standard. It requires that the gov show a compelling state interest in order to successfully defend a law that makes certain classifications. Additionaly, the classification must be one the is narrowly tailored by the least drastic means possible to achieve the government’s objectives.

Answer 22

strict scrutiny

Question 23

presumes that the legal classification made by the government is constitutional; all the government must show is some rational justification for the law

Answer 23

rational basis test

Question 24

primarily used for classifications in the law based on sex; for the law to be constitutional the gov must show important gov objectives and the law must be substantially related to achievement of those objectives

Answer 24

intermediate standard of view

Question 25

The four components of horizontal federalism are:

Answer 25

extradition
full faith and credit
privileges and immunities
interstate compacts

Question 26

constitutional requirement that a state must deliver someone suspected or convicted of a crime in another state back to the state where the alleged crime was committed.

Answer 26

extradition

Question 27

Legal and financial relationships established in one state must be recognized by other states – such as marriages, diplomas etc

Answer 27

Full faith and credit

Question 28

Protects citizens as they travel from one state to another; in essence states may not fundamentally treat citizens of other states differently than they treat their own citizens

Answer 28

privileges and immunities

Question 29

A voluntary legally or financially binding relationship between two or more states. These compacts must have congressional approval

Answer 29

Interstate compact

Question 30

allow states, usually under the state constitution, to expand rights beyond those provided by the U.S. Constitution

Answer 30

independent state grounds

Question 31

The XXXXX and XXXXX Amendments affect the nature of federalism by providing the basis for major constitutional and statutory restrictions on state powers

Answer 31

14th and 15th

Question 32

Richard Nixon and Ronald Reagan upon assuming the presidency advocated a “new” federalism based on the concept of XXXXXX
• Under XXXXX the power of state and local governments would be enhanced by increasing their power to decide how to spend government revenues

Answer 32

Devolution