Chapter 3 Flashcards
(38 cards)
Federalism
division of power across local, state, and national governments
Sovereign Power
supreme power of an independent state to regulate its internal affairs without foreign interference
Police Powers
Power to enforce laws and provide for the public safety
Concurrent Powers
responsibilities for particular policy areas, like transportation, that are shared by federal, state, and local governments
National Government powers examples
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
State Government powers examples
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
Concurrent powers examples
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
McCulloch v Maryland
Maryland couldn’t tax the 2nd Bank of the United States but Congress could create it under the necessary and proper and supremacy clauses
Gibbons v Ogden (1824)
Said NY interfered with interstate commerce by granting a monopoly to a steamboat company
States’ rights
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
South states wanted broader states right on
civil liberties, tariffs, slavery
Calhoun’s nullification
states right to ignore a law passed by Congress if the state thought it was unconstitutional
Dual federalism
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”
“dual citizenship”
an individual’s rights as a U.S. citizen under the Bill of Rights didn’t apply to the same person under state law
Barron v Baltimore
ruled that the 5th Amendment only applied to Congress and not to state and local government
core principle of dual federalism
Dred Scott v Sandford
decision indicated there couldn’t be a political solution to slavery
14th Amendment
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
cooperative federalism
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
picket fence federalism
more refined and realistic form of cooperative federalism where policy maker within a policy area work together across levels of government
fiscal federalism
form off federalism where federal funds are allocated to lower levels of government through transfer payments or grants
Something generally expected in return
New federalism
1969-present
tries to shift power to the states by consolidating categorical grants into block grants and giving states authority over programs
Coercive federalism
1970s-present
form of federalism where the federal government pressures states to change policies by using regulations, mandates, and conditions
Categorical grants
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
block grants
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