Chapter 3: American Federalism Flashcards
Federalism
An institutional arrangement that creates two relatively autonomous levels of government (federal/national and subnational/regional/state) , each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution.
Unitary System
In contrast to federalism, a unitary system of government makes subnational levels of government completely dependent on federal functions.
Devolution
The process of delegating what was once federal responsibilities to state or local governments.
Confederation
Loosely organized states that have a high degree of autonomy at the expense of effective national governance. Ex: Articles of Confederation.
concurrent powers
Shared and overlapping powers between Federal and state/local governments. Ex: taxation
bill of attainder
A legislative action declaring someone guilty without a trial (Deemed unconstitutional)
Ex Post Facto Law
No one can be retroactively charged for a crime when it was still legal when committed.
Full Faith and Credit Clause (aka the comity clause)
Article 4, Section 1; requires the states to accept court decisions, public acts, and contracts of other states.
Defense of Marriage Act (DOMA)
Law passed by Bill Clinton that no state needs to recognize the marriage of same sex couples even if it is concluded or recognized in another state. The law also barred federal benefits for same-sex partners
United States v. Windsor
Supreme Court decision that struck down part of the DOMA that barred federal benefits for same-sex partners
Obergefell v. Hodges
Declared the fundamental right to marry for same-sex couples from the equal protection clause of the 14th Amendment
privileges and immunties clause
Article 4; asserts that states are prohibited from discriminating against out of staters by denying them such gurantees as access to courts, legal protection, property rights, and travel rights.
Alexander Hamilton
One of the founding fathers who chartered The National Bank, which he asserted was within Congressional authority. He proposed it would foster economic development print and circulate paps money, and provide loans to the government.
Thomas Jefferson
Spearheaded the Jeffersonian Democratic-Republicans and blocked the renewal of the National Bank citing that the Constitution didn’t give the national government the authority to create a National Bank.
Second Bank of the United States
Created under James Madison, the charter for The National Bank was renewed under the durress of debt from the War of 1812
categorical grants
Federal transfers formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria that guide project selection, performance and financial oversight, among other things.
Block Grants
Grants that come with less stringent federal administrative conditions and provide recipients more flexibility over how to spend grant funds Ex; Workforce Investment Act which provides state and local agencies money to help citizens obtain skillsets for better paying jobs.
creeping categorization
Process in which the national government places new administrative requirement on state and local governments or supplant block grants with new categorical grants. (Undermines the flexibility of block grants).
Unfunded Mandates
federal laws that impose obligations on state and local governments without fully compensating them for the administrative costs they incur.
Crosscutting Mandates
Mandates in which failure to comply often results in reduction of or suspension of federal grants, criminal prosecution of officials or a combination of the two. Ex: Civil Rights Act of 1964- officials prosecuted for racial discrimination, The National Minimum Drinking Age (NMDAA)
Unfunded Mandates Reform Act (UMRA)
Meant to limit the frequency of unfunded mandates by giving more rigorous conditions for the passage of such mandates; Met with limited success.
Immigration Federalism
Describes the gradual movement of states into the immigration policy domain
Senate Bill 1070
An example of Immigration Federalism. Arizona legislation makes it incredibly difficult to live in their state as to encourage immigrants to go back to their native country. Referred to as . “Attrition by enforcement”
Tea Party Movement
References to the division caused by state laws. Parties like the tea party oppose immigration accessibility
Arizona v. United States
Affirmed federal supremacy on immigration. Struck down three of Arizona’s immigration provisions: can’t arrest an illegal alien w/out warrant if they had probable cause that they had committed a crime that can lead to deportation, making it a crime to seek a job without working papers, and making it a crime to be in Arizona without valid immigration papers. They maintained the right to request immigration papers though.
Venue Shopping
Strategy in which interest groups select the level and branch of government they calculate will be most advantageous for them. Ex: Anti-Abortion groups lobbied state legislature after having no luck in Congress to limit availability of abortions via parental involvement in abortion etc.
Pros of Federalism
- State autonomy can lead to policy innovation Ex: Female Suffrage started with states, California’s environmental standards, etc.
- Failure to achieve policy goal on one level of the government can be achieved on a different level of government
- More nuanced representation and is able to check the national government
Cons of federalism
race to the bottom dynamics: states competing to attract business by lowering taxes and regulations at the expense of issues of national importance
-Can obstruct national programs.
