Chapter 3: Federalism Flashcards
- What is “federalism”? How does federalism affect policy outcomes at both state and federal levels?
Federalism, as confusing as the name is, is a system of government, where power is divided by a constitution, between Federal and State(Regional) governments. Essentially they get their power from the same source, that being the people. And for policy outcomes, at the state level, the people that live there can vote to enact whatever laws they may want, usually ones that adhere to their customs. While the federal policy is usually about providing collective goods, defense, and protection of individual rights.
- What are the benefits of federalism? What are the drawbacks of federalism (Draw upon BOTH text and lecture
points here)?
Benefits. You end up being a lot closer to your government since if you need something you go to them they may not help you all the time but the relationship is active. Experimentation of laws and policies is possible since states can enact their own policies and others can watch the results from its implementation. Prevents partisan control, since we have many levels occupied by different people of different beliefs.
Drawbacks. The state-based policy can be dominant meaning that legislature will fight for national laws that only benefit their own state. Divisive policies across states are another concern since one state may refuse to acknowledge a right a citizen is entitled to in another state.
- What does the Constitution tell us about the relationship between the states? What is the Full Faith and Credit
Clause? What was the intent of the FF and C? Provide present-day examples of what the FF and C does and
does not cover.
Equality will be forced across state lines since states might not be fair to one another. FF clause will uphold civil, or court matters between all states, so if you get married in Alaska and move to Florida you won’t have to get married again, as it’s recognized across state borders.
- What is the Privileges and Immunities Clause? What were the intent of the P and I clause? Provide present-day
examples of what the P and I do and do not cover.
States cant discriminate against people from other states, entitling all Citizens to the same privileges as instate residents. This ensures that I won’t be denied services from the police or firefighters. But if I get a ticket in Florida I can’t argue that in my state right turns at red lights are legal, I’ll not be exempt from punishment in this case.
- What are enumerated (delegated powers)? What section of the Constitution discussed the majority of the
enumerated powers? How does the Necessary and Proper clause (the “implied powers” work)?
Expressed powers are powers given to whichever branch are written down and not made vague, limitations are made clear. Most of these are discussed in Article 1 section 8 detailing Congress limitations. And Necessary and Proper clause works by allowing Congress to do what it needs to do as long as it relates to the 17 clauses. In short, Congress must give a good reason for why what it wants allows it to do its job.
- What are “concurrent powers?” Provide three examples. What are “reserved powers?” Provide three examples.
What are “prohibited powers?” To whom are these powers prohibited? Provide three examples.
Concurrent powers are powers that are shared by states and the federal government, including public goods, taxes, and ability to make courts, and basically, everything else that isn’t prohibited.
Reserved powers are powers that are exclusively given to the state if it isn’t prohibited or exclusive to the national government. This makes them in charge of education, marriage/ divorces laws, and election powers( how the state gov is set up and run).
Prohibited powers are powers that the states are not entitled to do. So they can’t coin money, declare war, make treaties, or tax goods from other states.
- What are the key elements of dual, cooperative, and new federalism? In what eras did each exist? What were
the causes of the change from each era to the next?
Dual Federalism, had giver more power to the states, and followed a layer cake model where federal government mainly dealt with defense, economics, and foreign affairs, while state government handled the local state affairs. This era occurred during the 1860s-1930s due to changes in the supreme court that favored state powers.
Cooperative Federalism, had intertwined state and federal government, this change was brought about due to economic downturn and support from the supreme court. During this era, the Federal government stepped in and implement many social welfare programs and policies to get America out of the Great Depression, but the state must implement it. Lasted from the 1930s- 1970s.
New Federalism started in the 1980s till now potentially. This Era has given back more power to the states kicking the government. Lots of money was given to the states but they were allowed to use it however they wish causing Block Grants to explode. And this came about due to economic boom and great prosperity.
- What were the key questions decided in the Supreme Court case, McCulloch v. Maryland? What about Gibbons
v. Ogden? What constitutional questions were answered? What impact did these decisions have on the
relationship between federal and state governments?
McCulloch v Maryland, occurred in 1819 because the National Government wanted to build a national bank in Maryland, Maryland believed this wasn’t fair and should be allowed to tax the bank. The Supreme court ruled in favor of the Federal Government and the guise of the necessary and proper clause, answering the constitutional questions by saying the Federal Government TAXES YOU, not the other way around. In Gibbons v. Ogden, one said that the other must have a state license to keep his fair boat company up, while the other said it should stay up since he has a federal license so he should be allowed to do his business anywhere. Ultimately the Supreme Court ruled in favor of the latter since Federal Government was above the States. These rulings definitely put the states in their place, placing more power on the shoulders of the federal government.
- Which “era” of federalism best describes the current political situation? What is the evidence for this?
Hard to say, Under Donald Trump, the Coronavirus spread quickly due to a lack of action to prevent national government overreach. But at the same time under Barack Obama, the Federal Government has expanded. But I think we are under New Federalism, the main evidence for this is because Block Grants are still given out at a very high rate.
- What issues are best handled at the state level, and why? What issues are best handled at the federal level,
and why?
Social issues, such as gun rights, legalized weed, speed limits, are probably better handled by the States, this is because we want to adhere to Madison’s principle that states should get to do as they wish to flourish subcultures. And so if a majority of that state wants any of these then it should be implemented. But Civil rights issues shouldn’t be tackled by the States, since the constitution and thus the federal government must make sure no one is having their rights impeded.
