Chapter 2: Federalism

Question 1

Chapter 2: Federalism Objectives

Answer 1

• Identify the three systems of government and how they divide power.
• Explain what federalism is and why it was chosen as a system for the United States.
• Discuss the advantages and disadvantages of federalism.
• Describe the ways elements in the U.S. Constitution provide a basis for federalism.
• Summarize the different types of federalism that developed over time.
• Discuss the Supreme Court’s role in U.S. federalism.

Question 2

Articles of Confederation

Answer 2

Written in 1777, it was the first, and failed, government of the US. Utilized a confederation form of government. Replaced by the US Constitution in 1789
(The Constitution written in 1787).

Question 3

The relationship between Local and State governments

Answer 3

Local governments are granted power by the states, similar to how a unitary government works.

Question 4

Advantages of Federalism

Answer 4

1. Allows for flexibility among state laws and institutions.
2. Reduces conflict because states can accommodate citizens’ interests.
3. Allows for experimentation at the state level.
4. Enables the achievement of national goals.

Question 5

Disadvantages of Federalism

Answer 5

1. Increases complexity and confusion.
2. Sometimes increases conflict when jurisdictional lines are unclear.
3. Duplicates efforts and reduces accountability.
4. Makes coordination difficult.
5. Creates inequality in services and policies.

Question 6

Preemption (in reference to local / state / federal laws)

Answer 6

When the laws of two different levels of government conflict, the law of the higher legal authority takes precedent. State governments have some protection from preemption through the 10th amendment. Local governments have no such protection.

Question 7

Article I, Section 8 (commerce clause)

Answer 7

The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. (Gives Congress the right to regulate interstate commerce. This clause has been broadly interpreted to give Congress a number of implied powers.)

Question 8

Article I, Section 8 (necessary and proper clause)

Answer 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. (An implied power giving Congress the right to pass all laws considered “necessary and proper” to carry out the federal government’s responsibilities as defined by the Constitution.)

Question 9

Article IV, Section 3 (admission of new states)

Answer 9

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. (Allows the U.S. Congress to admit new states to the union and guarantees each state sovereignty and jurisdiction over its territory.)

Question 10

Article IV, Section 4 (enforcement of republican form of government)

Answer 10

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. (Ensures that a democratic government exists in each state and protects states against foreign invasion or insurrection.)

Question 11

Article VI (supremacy clause)

Answer 11

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. (

Question 12

Tenth Amendment

Answer 12

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. (Guarantees that a broad, but undefined, set of powers be reserved for the states and the people, as opposed to the federal government.)

Question 13

Fourteenth Amendment

Answer 13

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (Prohibits any state from depriving individuals of the rights and privileges of citizenship, and requires states to provide due process and equal protection guarantees to all citizens.)

Question 14

Sixteenth Amendment

Answer 14

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. (Enables the federal government to levy a national income tax, which has helped further national policies and programs.)

Question 15

Seventeenth Amendment

Answer 15

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. . . . When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. (Provides for direct election of U.S. senators, rather than election by each state’s legislature.)

Question 16

Ad hoc federalism

Answer 16

The process of choosing a state-centered or nation-centered view of federalism on the basis of political or partisan convenience.

Question 17

Bill of Rights

Answer 17

The first 10 amendments to the U.S. Constitution, which set limits on the power of the federal government and set out the rights of individuals and the states.

Question 18

Block grants

Answer 18

Federal grants-in-aid given for general policy areas that leave states and localities with wide discretion over how to spend the money within the designated policy area.

Question 19

Categorical grants

Answer 19

Federal grants-in-aid given for specific programs that leave states and localities with little discretion over how to spend the money.

Question 20

Centralized federalism

Answer 20

The notion that the federal government should take the leading role in setting national policy, with state and local governments helping implement the policies.

Question 21

Compact theory

Answer 21

The idea that the Constitution represents an agreement among sovereign states to form a common government.

Question 22

Concurrent powers

Answer 22

Powers that both federal and state governments can exercise.

Question 23

Confederacy

Answer 23

A voluntary association of independent, sovereign states or governments.

Question 24

Cooperative federalism

Answer 24

The notion that it is impossible for state and national governments to have separate and distinct jurisdictions and that both levels of government must work together.

Question 25

Crosscutting requirements

Answer 25

Constraints that apply to all federal grants.

Question 26

Crossover sanctions

Answer 26

Federal requirements mandating that grant recipients pass and enforce certain laws or regulations as a condition of receiving funds.

Question 27

Dual federalism

Answer 27

The idea that state and federal governments have separate and distinct jurisdictions and responsibilities.

Question 28

Enumerated powers

Answer 28

Grants of authority explicitly given by the Constitution.

Question 29

Exclusive powers

Answer 29

Powers given by the Constitution solely to the federal government.

Question 30

Federalism

Answer 30

A political system in which national and regional governments share powers and are considered independent equals.

Question 31

Full faith and credit clause

Answer 31

Constitutional clause that requires states to recognize each other’s public records and acts as valid.

Question 32

General revenue sharing grants

Answer 32

Federal grants-in-aid given with few constraints, leaving states and localities almost complete discretion over how to spend the money.

Question 33

Grants-in-aid

Answer 33

Cash appropriations given by the federal government to the states.

Question 34

Implied powers

Answer 34

Broad, but undefined, powers given to the federal government by the Constitution.

Question 35

Nation-centered federalism

Answer 35

The belief that the nation is the basis of the federal system and that the federal government should take precedence over state governments.

Question 36

New Federalism

Answer 36

The belief that states should receive more power and authority and less money from the federal government.

Question 37

Nullification

Answer 37

The process of a state’s rejecting a federal law and making it invalid within state borders.

Question 38

Preemption

Answer 38

The process of the federal government’s overriding areas regulated by state law.

Question 39

Privileges and immunities clause

Answer 39

Constitutional clause that prohibits states from discriminating against citizens of other states.

Question 40

Representative government

Answer 40

A form of government in which citizens exercise power indirectly by choosing representatives to legislate on their behalf.

Question 41

Secession

Answer 41

The process of a government’s or political jurisdiction’s withdrawal from a political system or alliance.

Question 42

Sovereign immunity

Answer 42

The right of a government not to be sued without its consent.

Question 43

State-centered federalism

Answer 43

The belief that states are the basis of the federal system and that state governments should take precedence over the federal government.

Question 44

States’ rights

Answer 44

The belief that states should be free to make their own decisions with little interference from the federal government.

Question 45

Unfunded mandates

Answer 45

Federal laws that direct state action but provide no financial support for that action.

Question 46

Unitary systems

Answer 46

Nations in which legal authority is held exclusively by a central government.