Chapter 3 Flashcards
federalism
A system that divides power between the national and state government.
unitary system
a system where the central government has all of the power over subnational governments.
confederal system
a system where the
subnational governments
have most of the power.
What is an example of a confederal system?
The Articles of Confederation
commerce clause
grants Congress the authority to regulate interstate business and commercial activity.
What court case does the commerce clause apply to and why was it unconstitutional in this context?
-Lopez, it was unconstitutional because it was deemed that gun possession had nothing to do with commerce, and was a state right.
Why was Congress’ violation of the commerce clause in the US vs Lopez so concerning?
states were worried that if the commerce clause could be applied, then everything could be applied to the commerce clause, which reduces state power
necessary and proper
clause
Grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause.
What court case does the necessary and proper clause apply to and why?
-Mcculoch vs Maryland, because it was deemed that since the constitution didn’t restrict it to have a national bank, it was implied, and therefore necessary to uphold its expressed powers, because it does upend the constitution.
supremacy clause
Establishes the Constitution and the laws of the federal government passed under its authority as the highest laws of the land.
What court case does the supremacy clause apply to and why?
-Mcculoch vs maryland, because it was deemed that Maryland didn’t have a right to tax a national bank because the federal government was supreme.
Tenth Amendment
Reserves powers not delegated to the national government to the states and the people; the basis of federalism.
-reserved powers
reserved powers
Powers not given to the national government, which are retained by the states and the people.
concurrent powers
Powers granted to both states and the federal government in the Constitution.
What is an example of a concurrent power?
taxation, judiciary
What is an example of a reserved power?
-education and gun policy
full faith and credit clause
Constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.
extradition
The requirement that officials in one state return
a defendant to another state where a crime was
committed.
privileges and immunities
clause
Constitutional clause that prevents states from
discriminating against people from out of state.
grants-in-aid
Federal money provided to states to implement public policy objectives.
What are grants-in-aid an example of?
fiscal federalism
categorical grants
Grants-in-aid provided to states with specific provisions on their use.
dual federalism
A form of American federalism in which the states and the nation operate independently in their own areas of public policy.
What is constitutional federalism the same as?
original/dual federalism
unfunded mandate
Federal requirements that states must follow without being provided with funding.
Are unfunded mandates heavily enforced?
no
what is an example of an unfunded mandate?
the american disabilities act?
what is an example of a categorical grant?
medicaid
What is an example of a block grant?
TANF (transportation)
Are categorical grants appropiated with state input?
-no, they are based on formulas that determine eligibility & payouts
-Congress or federal bureaucracy power
- they often entail opportunity cost and matching funds
block grant
A type of grant-in-aid that gives state officials more authority in the disbursement of federal funds.
revenue sharing
When the federal government apportions tax money to the states with no strings attached.
What is revenue sharing an example of?
devolution
What are the benefits of fiscal federalism?
-wealth is redistributed throughout the states, and state/local govt.s use resources more efficiently and effectively.
devolution
Returning more authority to state or local governments.
federal system
A system where power is divided between the national and state governments.
enumerated or expressed powers
Powers explicitly granted to the national government through the Constitution.
exclusive powers
Powers only the national government may exercise.
What are the three federalism models?
-Confederal, dual, unitary
implied powers
powers not granted specifically to the national
government but considered necessary to carry out the enumerated powers.
Dual federalism
-the national government is limited to it’s enumerated powers
-each government unit is sovereign
-relationship is tense rather than cooperative because national government decisions take power away from state governments
Cooperative federalism
-State and national governments cooperate to solve common problems and share policy decisions
-brews resentment amongst the states
unitary system
A one branch government
confederal system
A system in which power is distributed amongst allied governments, but there is no national government
What type of federalism is an example of fiscal federalism and why?
Fiscal federalism, is because the national government uses grants-in-aid to influence state policies, causing national government influence to bleed into state powers.
-this is tense because if state governments don’t cooperate with the national government, then their funding is revoked.
