Chapter 3: American Federalism

Question 1

Federalism

Answer 1

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.

Question 2

Unitary System

Answer 2

In contrast to federalism, a unitary system of government makes subnational levels of government completely dependent on federal functions.

Question 3

Devolution

Answer 3

The process of delegating what was once federal responsibilities to state or local governments.

Question 4

Confederation

Answer 4

Loosely organized states that have a high degree of autonomy at the expense of effective national governance. Ex: Articles of Confederation.

Question 5

concurrent powers

Answer 5

Shared and overlapping powers between Federal and state/local governments. Ex: taxation

Question 6

bill of attainder

Answer 6

A legislative action declaring someone guilty without a trial (Deemed unconstitutional)

Question 7

Ex Post Facto Law

Answer 7

No one can be retroactively charged for a crime when it was still legal when committed.

Question 8

Full Faith and Credit Clause (aka the comity clause)

Answer 8

Article 4, Section 1; requires the states to accept court decisions, public acts, and contracts of other states.

Question 9

Defense of Marriage Act (DOMA)

Answer 9

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

Question 10

United States v. Windsor

Answer 10

Supreme Court decision that struck down part of the DOMA that barred federal benefits for same-sex partners

Question 11

Obergefell v. Hodges

Answer 11

Declared the fundamental right to marry for same-sex couples from the equal protection clause of the 14th Amendment

Question 12

privileges and immunties clause

Answer 12

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.

Question 13

Alexander Hamilton

Answer 13

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.

Question 14

Thomas Jefferson

Answer 14

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.

Question 15

Second Bank of the United States

Answer 15

Created under James Madison, the charter for The National Bank was renewed under the durress of debt from the War of 1812

Question 16

categorical grants

Answer 16

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.

Question 17

Block Grants

Answer 17

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.

Question 18

creeping categorization

Answer 18

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).

Question 19

Unfunded Mandates

Answer 19

federal laws that impose obligations on state and local governments without fully compensating them for the administrative costs they incur.

Question 20

Crosscutting Mandates

Answer 20

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)

Question 21

Unfunded Mandates Reform Act (UMRA)

Answer 21

Meant to limit the frequency of unfunded mandates by giving more rigorous conditions for the passage of such mandates; Met with limited success.

Question 22

Immigration Federalism

Answer 22

Describes the gradual movement of states into the immigration policy domain

Question 23

Senate Bill 1070

Answer 23

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”

Question 24

Tea Party Movement

Answer 24

References to the division caused by state laws. Parties like the tea party oppose immigration accessibility

Question 25

Arizona v. United States

Answer 25

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.

Question 26

Venue Shopping

Answer 26

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.

Question 27

Pros of Federalism

Answer 27

• 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

Question 28

Cons of federalism

Answer 28

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.