Chapter 3 Flashcards

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1
Q

Federalism

A

division of power across local, state, and national governments

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2
Q

Sovereign Power

A

supreme power of an independent state to regulate its internal affairs without foreign interference

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3
Q

Police Powers

A

Power to enforce laws and provide for the public safety

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4
Q

Concurrent Powers

A

responsibilities for particular policy areas, like transportation, that are shared by federal, state, and local governments

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5
Q

National Government powers examples

A

Print money
Regulate interstate commerce and international trad
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out these powers

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6
Q

State Government powers examples

A

Issue licenses
Regulate intrastate businesses
Conduct elections
Establish local governments
Ratify amendments of the Constitution
Promote public health and safety
May exert powers that the Constitution does not delegate to the national government or does not prohibit the states from using

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7
Q

Concurrent powers examples

A

Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for general welfare; take private property for public purposes with just compensation

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8
Q

McCulloch v Maryland

A

Maryland couldn’t tax the 2nd Bank of the United States but Congress could create it under the necessary and proper and supremacy clauses

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9
Q

Gibbons v Ogden (1824)

A

Said NY interfered with interstate commerce by granting a monopoly to a steamboat company

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10
Q

States’ rights

A

the idea that states are entitled to a certain amount of self-government, free of federal government intervention; central issue in the period leading up to the Civil War

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11
Q

South states wanted broader states right on

A

civil liberties, tariffs, slavery

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12
Q

Calhoun’s nullification

A

states right to ignore a law passed by Congress if the state thought it was unconstitutional

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13
Q

Dual federalism

A

form of federalism favored by Taney where national and state governments were seen as distinct entities providing separate services
Limits national government powers to ones strictly enumerated in the constitution
“layer cake”

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14
Q

“dual citizenship”

A

an individual’s rights as a U.S. citizen under the Bill of Rights didn’t apply to the same person under state law

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15
Q

Barron v Baltimore

A

ruled that the 5th Amendment only applied to Congress and not to state and local government
core principle of dual federalism

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16
Q

Dred Scott v Sandford

A

decision indicated there couldn’t be a political solution to slavery

17
Q

14th Amendment

A

prohibits states from denying citizens due process or equal protection of the laws and was the constitutional basis for many civil rights laws during Reconstruction
Court ruled that right of due process and equal treatment only applied to individuals as US citizens, not to state citizenship

18
Q

cooperative federalism

A

form of federalism where national and state governments work together to provide services efficiently
“marble cake”
emerged in late 1930s and represents shift to less concrete boundaries of responsibility in national-state relations

19
Q

picket fence federalism

A

more refined and realistic form of cooperative federalism where policy maker within a policy area work together across levels of government

20
Q

fiscal federalism

A

form off federalism where federal funds are allocated to lower levels of government through transfer payments or grants
Something generally expected in return

21
Q

New federalism

A

1969-present
tries to shift power to the states by consolidating categorical grants into block grants and giving states authority over programs

22
Q

Coercive federalism

A

1970s-present
form of federalism where the federal government pressures states to change policies by using regulations, mandates, and conditions

23
Q

Categorical grants

A

federal aid to state or local governments that is provided for specific purposes, like a mass-transit program within the transportation budget or a school lunch program within education budget

24
Q

block grants

A

federal aid given to the state government to be spent within a certain policy area, but the state decides how to spend the money within the area
Promoted by advocated of cooperative federalism

25
Q

unfunded mandates

A

federal laws that require states to do certain things but do not give state governments funding to implement these policies

26
Q

3 characteristics of American politics in the past 60 years that reinforced the role of the national government

A

-reliance on national government in times of crisis and war
-“rights revolution” of the 50s and 60s and the Great Society programs of the 60s
-rise of coercive federalism

27
Q

federal preemptions

A

impositions of national priorities on states through national legislation that is based on the Constitution’s supremacy clause
another method of coercive federalism

28
Q

competitive federalism

A

form of federalism where states compete to attract businesses and jobs through the policies they adopt
also a check on tyranny, people will “vote with their feet” -leave
may lead to a “race to the bottom” by eliminating too many good regulations

29
Q

remedial legislation

A

national laws that address discriminatory state laws, authority comes from section 5 of the 14th amendment

30
Q

states’ sovereign immunity

A

based on the 11th amendment, immunity that prevents state governments from being sued by private parties in federal courts unless the state consents to the suit

31
Q

“equal sovereignty”

A

laws passed by congress can’t violate state sovereignty much of the time

32
Q

United States v Lopez

A

1995 case that struck down a federal law regulating possession of guns around schools
1st time Court had restricted Congress’s power to pass legislation under the commerce clause since the New Deal in the 1930s

33
Q

federalism disadvantages

A

-inefficiency in policy process
-inequality in political outcomes

34
Q

Liberals favor

A

strong national power to fight discrimination (women, minorities, disabled people, LGBTQ+, and the elderly) and push for progressive national policies

35
Q

Conservatives favor

A

limited national government intrusion and letting the states choose their own mix of social welfare and regulatory policies

36
Q

Advantages of a strong role for the states

A

-states can be “laboratories for democracy”
-state and local government is closer to the people
-states provide more access to the political system
-states provide an important check on national power

37
Q

Disadvantages of too much state power

A

-unequal distribution of resources across states
-unequal protection for civil rights
-competitive federalism that results in a “race to the bottom”
-more people vote in national elections than state and local elections

38
Q

“statehouse” democracy

A

more liberal states enact liberal policies and more conservative states enact conservative policies