Chapter 3: Federalism Flashcards
federalism
the division of power across local, state, and national govs
horizontal check
between branches
vertical checks
between federal, state, and local
dual federalism
- national and state govs are seen as distinct entities providing separate services
- limits power of national gov
- layer cake (national: enumerated; state: reserved)
Congress has power to (article 1 section 8)…
borrow money on credit of US coin money establish post offices raise and support armies provide and maintain a navy
enumerated powers
powers explicitly granted to congress, prez, or supreme court in the first 3 articles of the constitution
Barron v. Baltimore
Maryland can take private property w/o just compensation bc the Bill of Rights does not apply to the states
McCulloch v. Maryland
- Congress didi not have the authority to create a bank (used necessary and proper clause w/ interstate commerce clause)
- Maryland could not tax the bank, bc the supremacy clause makes the federal law “supreme law of the land” and “the power to tax is the power to destroy”
Necessary and Proper Clause
congress shall have the power to make all laws which shall be necessary and proper for carrying in to the execution the foregoing powers
Interstate Commerce Clause
congress shall have the power to regulate commerce w/ foreign nations, and among the several states and w/ indian tribes
Gibbons v. Odgen
federal gov won bc can regulate interstate commerce w/in and outside state boundaries
Dred Scott v. Sanford
Scott could not sue in federal gov vc slaves are not citizens
National Labor Relations Board v. Jones and Laughlin Steel Corporation
commercial activities may be deemed part of interstate commerce if activities have a close and substantial relationship to interstate commerce (did in this case)
cooperative federalism
- national & state govs work together to provide services efficiently
- marble cake (mixing of federal and state powers)
Table 3.1
barron v. baltimore & dred scott v. sanford were more state power, all others were less state powers
US v. Lopez
ruled state offense bc did not affect interstate commerce
National Federation of Independent Business v. Sebelius
Congress cannot require individuals to carry health insurance under the commerce clause, but the individual mandate is a tax since it creates commerce through forcing activity where none was before
picket fence federalism
a more refined and realistic form of cooperative federalism in which policy makers w/in a particular policy area work together across levels of gov
According to US dept of education, federal gov is limited to:
- exercising leadership in promoting educational policies
- administering federal assistance programs
- enforcing civil rights as they pertain to education
- providing info and stats about education
- representing the american educational interests abroad
According to US dept of education, federal gov cannot:
- own, control, or oversee US schools or postsecondary institutions
- inspect, accredit, or license schools or postsecondary institutions
- set curricula or content standards
- hire or license faculty or other educational professionals
- set standards for the admission, enrollment, progress, or graduation of students at any level
- determine or allocate educational budgets for states, localities, or institutions
According to US dept of education, state governments:
- provide funding for education at all levels
- license or charter schools
- set broad policies for school-level curricula, texts, standards, and assessments
- license school teachers an dither educational personnel
- elect or appoint some or all of the members of the boards of public higher education institutions and state boards of education
According to US dept of education, local governments:
- operate schools
- implement and enforce state laws and policies
- develop and implement their own educational policies
- hire and supervise professional teaching staffs
- raise money to pay for schools
fiscal federalism
federal funds are allocated to the lower levels of gov through transfer payments & grants
3 types of aid to states:
categorical, block, and general revenue sharing
categorical grants
for a specific purpose
block grants
spent w/in a certain policy area, but state can decide how to spend it
general revenue sharing
funds to be spent at each state’s discretion
coercive federalism
federal gov pressures the states to change their policies by using regulations, mandates, and conditions (No Child Left Behind)
No Child Left Behind
- required states to develop and implement challenging academic standards in reading & math
- required states to set annual statewide progress objectives to ensure all students would reach proficiency in 12 years
- school districts has to show adequate yearly progress to ensure they were on course to reach 100% proficiency for all groups of students
- results would be compared to an independent benchmark called the National Assessment of Educational Progress, but there was no penalty for falling below
Common Core
created to ensure that all students graduate from HS w/ the skills and knowledge necessary to success:
-research and evidence based
-clear, understandable, and consistent
-aligned w/ college and career expectations
-based on higher-order thinking skills
built upon the strengths and lessons of current state standards
-informed by other top performing countries
unfunded mandates
federal laws that require the states to do certain things but do not provide state govs w/ funding to implement these policies
