Chapter 3: Federalism

Question 1

What is Federalism?

Answer 1

The way the US government is organized. There are two or more levels of government that have formal authority

Question 2

Why is Federalism so important?

Answer 2

• decentralizes the government (state rights)
• greater participation in politics bc there are more levels
• opportunity to vote and join interest groups
• judicial power is enhanced
• judges at multiple levels can decide convictions

Question 3

What are enumerated or expressed powers?

Answer 3

These are powers given to the federal government by terms of the constitution

Question 4

What are expressed powers of the national government?

Answer 4

• declare war

- establish an army and navy

Question 5

What are expressed powers of state governments?

Answer 5

• conduct elections

- provide for public health and safety

Question 6

What are concurrent powers of federal and state governments?

Answer 6

• setting up courts

- creating and collecting taxes

Question 7

What does the Supremacy Clause (Article VI) say?

Answer 7

• the constitution is the supreme law of the land
• there’s a national law that everyone must abide by
• treaties

Question 8

What are some challenges to the supremacy clause?

Answer 8

• the civil war
• Brown vs Board of Education
• 10th amendment
• 11th amendment

Question 9

How did the Civil War challenge the Supremacy Clause?

Answer 9

It was a dispute on who should have more power, state or the federal government

Question 10

How did Brown vs Board of Education challenge the Supremacy Clause?

Answer 10

Through this case the federal government said that all schools must integrate schools, because separate is not equal

Question 11

How does the 10th amendment challenge the Supremacy Clause?

Answer 11

This says that there are reserved rights of the states

Question 12

How does the 11th amendment challenge the Supremacy Clause?

Answer 12

This says that state governments cannot be sued by the federal government. No suits against states

Question 13

What is the supreme court case that established the Supremacy Clause?

Answer 13

McCulloch vs Maryland. This establishes that the federal law always wins over state law

Question 14

What is another name for the Elastic clause?

Answer 14

The necessary and proper clause

Question 15

What does the Elastic Clause say?

Answer 15

That Congress is allowed to add regulations they deem necessary and proper. These are also referred to as implied powers

Question 16

What was the result of Gibbons vs Ogden (1824)?

Answer 16

The Supreme Court said that interstate commerce is controlled by the national government, intrastate by the state governments.

Question 17

Which cases challenged the Supremacy Clause in court?

Answer 17

• US vs Lopez (1990)
• Printz vs US (1997)
• These cases preserved the rights of the states

Question 18

What was US vs Lopez (1990) about?

Answer 18

The federal government made it so all schools were gun free zones. Lopez challenged that this was unconstitutional because the federal government can only regulate interstate commerce, not intrastate. The federal law about all schools being gun free zones was then overturned

Question 19

What was Printz vs US (1997) about?

Answer 19

The federal government said that everyone who owned a gun and everyone who wanted one needed to have background checks. This was overturned because the federal government can only regulate interstate, not intrastate commerce.

Question 20

What obligations do states have to each other?

Answer 20

• full faith and credit clause
• extradition
• privileges and immunites

Question 21

What is the full faith and credit clause?

Answer 21

All certified documents are good between states

Question 22

What is extradition?

Answer 22

States must return criminals to state in which the crime was committed

Question 23

What are privileges and immunities?

Answer 23

This says to respect the rights of other states. Examples are the PFD in Alaska, gambling in Nevada, the death penalty, college tuition

Question 24

What are the two types of Federalism?

Answer 24

• Dual Federalism

- Cooperative Federalism

Question 25

What is dual federalism?

Answer 25

This is where each government has its own spheres of responsibility (expressed powers). Like a layer cake

Question 26

What is cooperative federalism?

Answer 26

This is the federal and state governments working together (concurrent powers). Like a marble cake

Question 27

What is the principal basis for cooperative federalism?

Answer 27

• share the cost
• shared federal guidelines
• shared administration

Question 28

What is devolution?

Answer 28

When the federal government doesn’t want to deal with something so they give the responsibility of it to the states

Question 29

What is Fiscal Federalism?

Answer 29

When the federal government gives money to a state/community to do a project. It’s a pattern of taxing, spending, and providing grants

Question 30

What two types of grants are there?

Answer 30

Categorical and Block Grants

Question 31

What are Categorical grants?

Answer 31

• main source of federal aid, and are often crossover sanctions (multiple uses)
• project grants: competitive, apply to
• formula grants: based on need. look at population, % income, etc

Question 32

What are Block Grants?

Answer 32

• where a state has discretion in spending the money
• every state gets them
• states have to lobby for how much money they get

Question 33

Why do some states not want grants from the federal government?

Answer 33

Because they have to follow federal guidelines, and there are mandates (things you must do to get the money) that the federal government places