Chapter 3: Federalism Flashcards
Federalism
Shared governmental responsibilities (national and state)
Unitary
Central government holds all powers
Confederate
Weak central government
Expresses Powers
Enumerated or delegated powers given to national government
Implied Powers
Not expressly stated in Constitution
Elastic clause
Inherent Powers
For national government because the government is sovereign
Reserved powers
Powers for the state governments (10th amendment)
Concurrent Powers
Powers for both national and state governments
National Supremacy
Established through:
- McCulloch v Maryland (implied powers, supremacy clause)
- Nullification and Civil War (war refuted secession and state nullification of federal laws)
- Gibbons v Ogden (commerce clause for Congress expanded national power
- Brown case and Civil Rights (states must follow national laws)
State to State Obligations
- Full faith and credit (recognize public records, court rulings)
- Extradition (return fugitives)
- privileges and Immunities (treat all the same)
Dual Federalism
Separate control (up until new deal)
Cooperative Federalism
Shared powers
Fiscal Federalism
Pattern of taxing, spending, and providing grants in the federal system
Categorical Grants
Made for specific designed purposes
- increase power of federal government (states must comply with regulations)
- more strings
- project grants
- formula grants
Block Grants
Broadly defined purposes
Less strings
Mandates
- rule telling states what conditions must be met to comply with federal guidelines
- Conditions on aid (unfunded mandates are harder
Devolution
Movement to transfer responsibilities of governing from the federal government to state and local governments.
The principle that the national government has certain implied powers that go beyond its enumerated powers was first elaborated in the supreme courts decision in?
McCulloch v Maryland
The Americans with Disabilities act is an example of?
A congressional law creating financial obligations for the states but providing no funds to meet these obligations