Chapter 3: Federalism Flashcards
The form of government that divide sovereign power across at least two levels – outlines the different powers through the different levels of government
Federalism
Adding onto federalism, this means that each form of government (national, state, local) have their own sovereign and respective powers – authority and autonomy
Sovereign Power
These are powers delegated to local and state governments where their concern is conducting elections and public safety (less of what the federal government deals with)
Police Powers
Different sizes of government can have powers over the same things – they share the power to regulate things like transportation → shared powers between state, local, and government
Concurrent powers
This is type of government is very common around the world, and holds national, centralized authority → ex: the british parliament created a Scottish branch of government to delegate power, but if things get out of hand, they have the full power to dissolve it
Unitary Government
the opposite of a unitary government where the states have most of the power → similar to the type of government under the articles of confederation
Intergovernmental organizations
Confederal government
This amendments reserves any powers not listed in the Constitution for the federal government to belong to the states and the people → this is interpreted by the Supreme Court as a way of protecting state’s rights and limiting the federal government’s reach over things like gun control, transportation, etc
Tenth Amendment
this requires that each state’s law be honored by other states → for example, driver’s licenses are recognized all throughout the country, no matter the state
Full faith and credit clause
This guarantees that if one were to be in another state, they would have the same privileges and immunities the citizens of that state have – an example for this is an individual going to another state to receive an abortion, reaping the same benefits of others in that state
Privileges and immunities clause
This was the supreme court case that established that Congress has the power to create a bank through its enumerated powers – coin money, levy taxes, borrow money. It was asl established that this bank could not be taxed because of the national supremacy clause
McCulloch v Maryland
This is sometimes used to support arguments of dual federalism – the idea that states retain some powers under the Constitution and can ignore federal policies that encroach on these powers. This was seen during the Southern States secession, claiming state’s rights, but really only wanted to be their own country so they can continue to own slaves
States’ rights
This was also known as state power and was favored by the Democratic Republicans – it led the way of how John Marshall and Roger Taney presided over the Supreme Court
Dual federalism
This is known as the “markable cake” as opposed to a “layered cake” model for dual federalism – suggest boundaries of state and national responsibilities that are less defined that they are under the actual dual federalism → allowed for more practical focus from the government to deal with the more complex problems of the 1930s and 1940s
Cooperative federalism
This is a better description of cooperative federalism in action where each picket fence in a graph represents a different policy area and the horizontal boards that hold the pickets together represent the different levels of government → the cooperative federal system occurs within pickets of the fence
Picket fence federalism
This is involved in some parts of cooperative federalism – the federal government provides some of the funds needed to sustain the state programs that deliver services to citizens
Fiscal federalism
these grants are for specific purposes and have strings attached – money given to the states must be spent in the area outlined by the federal government
Categorical grants
financial aid to states for use within a special policy area, but within that area, the states had discretion on how to spend the money → giving money to public schools, but the school districts decided on where to put that money within the school districts
Block grants
A requirement by the federal government for states to comply with certain things and receive no federal money in return
Unfunded mandates
This is an extreme version of fiscal federalism which entails federal mandates or conditions to force or entice the states to change their policies to match nationals goals or policies established by Congress
Coercive federalism
occurs when the federal government passes a law that overrides state law or makes it impossible for a state to enact its own stature
Federal preemptions
This is competition among states to provide the best policies to attract businesses and people that would bring them the most revenue and help maintain a healthy social fabric
Competitive federalism
This was a supreme court case that favored Lopez and his idea that carrying a gun on campus was not a part of commerce that was to be regulated by Congress – established the Gun-Free School Zone Act was unconstitutional
United States v Lopez
