Chapter 3: Federalism Flashcards

1
Q

Intergovernmental relations

A

The workings of the federal system- the entire set of interactions among national, state, and local governments

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2
Q

Importance of Federalism

A
  • decentralizes power
  • layers allow more opportunities for political participation
  • more access points allow for more ways to satisfy the public
  • few sources of conflict at the national level (states make decisions)
  • enhances judicial power because courts can fix issues between the two levels of government
  • decentralizes powers (policy is subject to both the central and state governments)
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3
Q

Enumerated powers/ expressed

A

Powers of federal government that are specifically addressed in the Constitution

for Congress these powers are listed in article 1 section 8

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4
Q

Concurrent powers

A

Powers shared by state and federal government may be exercised simultaneously

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5
Q

Reserved powers

A

Power is not enumerated in the Constitution and are therefore given to the states

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6
Q

10th amendment

A

Rights not enumerated to the national government are reserved to the state governments or the people

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7
Q

Supremacy clause

A

Article 6 of the Constitution which makes the Constitution national laws and treaties supreme overstate laws when the national government is acting within its constitutional limits

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8
Q

Implied powers

A

Powers of the federal government that go beyond enumerated powers the Constitution.

Come from necessary and proper clause

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9
Q

McCulloch v. Maryland

A

And 1891 Supreme Court decision that established the supremacy of national government overstates

Chief Justice Marshall held that Congress had implied powers

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10
Q

Necessary and proper clause/ elastic clause

A

Final paragraph of article 1 section 8 of the Constitution which authorizes Congress to pass all laws “necessary and proper” to carry out enumerated powers

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11
Q

National supremacy established by

A
  1. Implied powers elaboration
  2. Commerce clause def.
  3. Civil war
  4. Struggle for racial equality
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12
Q

Commerce clause

A

Cause three article 1 section 8

Congress has the power to regulate commerce with foreign nations, among states, and with Indian tribes

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13
Q

Gibbons v. Ogden

A

1824 Supreme Court interpreted commerce clause broadly, giving Congress the power to regulate interstate commerce and encompassing virtually every form of commercial activity

Ex. Radio signals, electricity, telephone messages, the Internet, insurance transactions

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14
Q

Civil war

A

Struggle between states and national gov.

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15
Q

Struggle for racial equality

A

National gov. v. States

Supremacy of national government

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16
Q

States Obligations to Each Other

A

Outlined in intrastate commerce Article 4 of constitution
Sec. 1- full faith and credit
Sec. 2- privileges and immunities & extradition
Sec. 3- states can be added, but not formed from existing states without consent & congress controls territories
Sec. 4- national gov. protects from invasions and domestic violence

17
Q

Full faith and credit

A

A clause in article 4 section 1 of the Constitution
requiring each state to recognize the official documents and civil judgments rendered by the courts of other states

Keeps people from escaping obligations
Debate- gay marriage

18
Q

Privileges and immunities

A

A clause in article 4 section 2 of the Constitution according citizens of each State most of the privileges of citizens of other states

Prevent state based discrimination
Except- state university & state residents in elections or taxing hotels

19
Q

Extradition

A

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed

20
Q

Dual federalism “layer cake”

A

Government system in which both the states and the national government remain supreme within their own spheres

separate policy responsibilities
More common earlier on

21
Q

Cooperative federalism

A

Government system in which powers and policy assignments are shared between states and the national government

(National has more power then in dual)

  1. they may also share costs, 2. administration, and blame
    More common today
  2. Federal guidelines with strings attached
22
Q

Devolution

A

Transferring responsibility for policies from the federal government to state and local governments

Happened in the 1990s with congress mainly republican to achieve policy objectives

23
Q

Republicans v. Democrats

A

Democrats support the increase of federal government Republican support the increases state and defensive state authority

24
Q

Fiscal federalism

A

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

25
Q

Categorical grants

A

Federal grants that can be used only for specific purposes or “categories” of state and local spending
they come with strings attached such as nondiscrimination provisions

26
Q

Crossover sactions

A

Using federal dollars and one program to influence state and local policy and another

Ex. Drinking age and highway funds

27
Q

Crosscutting requirements

A

Occur when the condition and one federal grant is extended to all activities supported by federal funds regardless of their source

Ex. Title VI of 1964 civil rights act- bars discrimination in use a federal grant money
-if a university discriminates in athletics it could lose federal funds

28
Q

Project grants

A

Federal grants given for specific purposes and awarded on the basis of the merits of applications

categorical grant

Ex. National Science foundation grants obtained by university professors

29
Q

Formula grants

A

Federal categorical grants distributed according to a formula specified in legislation or administrative regulations

Ex. may be based on population, per capita income etc.
Medicaid

30
Q

Block grant

A

Federal grants given more or less automatically to states our communities to support bra programs in areas such as community development and social services

Ex. Support programs in areas like community development and social services

31
Q

Scramble to fed. $$$

A

Full-time staffs in Washington that track available money for states and cities
universalism- some money for everyone
fairly equal distribution
sometimes may undermined public policy

32
Q

Mandates

A

requirements that direct state or local government’s to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant

33
Q

Medicaid

A

Provide healthcare for poor people national government pays majority of the bill in the states pick up the rest

Congress has expanded Medicaid to specific populations requiring states to extend coverage to certain children, pregnant women, and elderly poor, increased funding for the program
requirements have mean big priority for states

34
Q

Unfounded mandates

A

Mandates that require state or local government’s to meet the requirements at their own expense- unfunded

Americans with Disabilities Act and Clean Air Act

35
Q

Clean Air act

A

Clean air act of 1970 establish national air-quality standards requires states to administer them and to appropriate funds for their implementation

36
Q

Americans with disabilities

A

1990 requiring states to make facilities accessible to individuals with disabilities, but Congress allocated no funds to implement this policy

37
Q

Unfunded mandate reform act

A

Passed to limit the ability for Congress to pass unfunded mandate’s in 1995
required both chambers to take separate majority vote in order to pass any bill that would impose unfunded mandates of more than 50 million on state and local government’s

38
Q

Federalism

A

A way of organizing a nation so that two levels of government have formal authority over the same Landon people system of shared power

Only 11 of 190 nations