Chapter 3: Federalism

Question 1

federalism

Answer 1

the division of power across local, state, and national govs

Question 2

horizontal check

Answer 2

between branches

Question 3

vertical checks

Answer 3

between federal, state, and local

Question 4

dual federalism

Answer 4

• national and state govs are seen as distinct entities providing separate services
• limits power of national gov
• layer cake (national: enumerated; state: reserved)

Question 5

Congress has power to (article 1 section 8)…

Answer 5

borrow money on credit of US
coin money
establish post offices
raise and support armies
provide and maintain a navy

Question 6

enumerated powers

Answer 6

powers explicitly granted to congress, prez, or supreme court in the first 3 articles of the constitution

Question 7

Barron v. Baltimore

Answer 7

Maryland can take private property w/o just compensation bc the Bill of Rights does not apply to the states

Question 8

McCulloch v. Maryland

Answer 8

• 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”

Question 9

Necessary and Proper Clause

Answer 9

congress shall have the power to make all laws which shall be necessary and proper for carrying in to the execution the foregoing powers

Question 10

Interstate Commerce Clause

Answer 10

congress shall have the power to regulate commerce w/ foreign nations, and among the several states and w/ indian tribes

Question 11

Gibbons v. Odgen

Answer 11

federal gov won bc can regulate interstate commerce w/in and outside state boundaries

Question 12

Dred Scott v. Sanford

Answer 12

Scott could not sue in federal gov vc slaves are not citizens

Question 13

National Labor Relations Board v. Jones and Laughlin Steel Corporation

Answer 13

commercial activities may be deemed part of interstate commerce if activities have a close and substantial relationship to interstate commerce (did in this case)

Question 14

cooperative federalism

Answer 14

• national & state govs work together to provide services efficiently
• marble cake (mixing of federal and state powers)

Question 15

Table 3.1

Answer 15

barron v. baltimore & dred scott v. sanford were more state power, all others were less state powers

Question 16

US v. Lopez

Answer 16

ruled state offense bc did not affect interstate commerce

Question 17

National Federation of Independent Business v. Sebelius

Answer 17

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

Question 18

picket fence federalism

Answer 18

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

Question 19

According to US dept of education, federal gov is limited to:

Answer 19

• 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

Question 20

According to US dept of education, federal gov cannot:

Answer 20

• 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

Question 21

According to US dept of education, state governments:

Answer 21

• 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

Question 22

According to US dept of education, local governments:

Answer 22

• 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

Question 23

fiscal federalism

Answer 23

federal funds are allocated to the lower levels of gov through transfer payments & grants

Question 24

3 types of aid to states:

Answer 24

categorical, block, and general revenue sharing

Question 25

categorical grants

Answer 25

for a specific purpose

Question 26

block grants

Answer 26

spent w/in a certain policy area, but state can decide how to spend it

Question 27

general revenue sharing

Answer 27

funds to be spent at each state’s discretion

Question 28

coercive federalism

Answer 28

federal gov pressures the states to change their policies by using regulations, mandates, and conditions (No Child Left Behind)

Question 29

No Child Left Behind

Answer 29

• 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

Question 30

Common Core

Answer 30

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

Question 31

unfunded mandates

Answer 31

federal laws that require the states to do certain things but do not provide state govs w/ funding to implement these policies