Chapter 3 Flashcards
federalism
division of power between a central government and a regional government
what are the metaphors for federalism?
dual federalism: the layer-cake metaphor
cooperative federalism: the marble-cake metaphor
dual federalism
the Constitution is a compact among sovereign states, so that the powers of the national government are fixed and limited
national government rules by enumerated powers only and has a limited set of constitutional purposes
nation and state are sovereign in their own sphere
cooperative federalism
the Constitution is an agreement among people who are citizens of both the state and nation, so there is little distinction between state and national powers
government functions jointly
power is not concentrated at any government level or in any agency
states’ rights
which type of federalism is it tied to?
all rights not specifically given to national government by the Constitution are given to the states
tied to dual federalism
implied power
why is it important to federalism
powers Congress requires in order to execute its enumerated powers
important to federalism because dual federalists reject this gray area and cooperative federalists accept this
tenth ammendment
reserves for the states the powers not given to the national government
why is the tenth ammendment closely tied to cooperative federalism and the elastic clause?
closely tied to cooperative federalism because they believe in a flexible elastic clause and the tenth ammendment as a self-evident truth
how do dual federalists view the tenth ammendment and the elastic clause?
the believe in a rigid elastic clause and a roomy tenth ammendment
what main forces have prompted changes in the relationship between state and national government?
national crisis and demands, judicial interpretation, expansion of grants-in-aid, and professionalization of government
what was the major impact of the Great Depression of American federalism?
even though Congress did not gain any new powers, they changed the way Americans thought about the role the national government has in solving their problems
What was the effect of the terrorist attacks on the United States in 2001 on the expansion of national powers?
significantly explanded the surveillance and investigative powers of the Department of Justice
What has been the effect of national emergencies on constitutional ammendments of federalism?
increased scope of the national government tremendously
commerce clause
impact on federalism
gives Congress the power to regulate commerce among the states
interpreted to include virtually every type of commercial activity, which was later ruled to violate the Constitution
grants-in-aid
impact on federalism
money provide by one level of government to another to be used for a specific purpose
gives power to the national government because they are the ones redistributing wealth and stipulating the conditions