Chapter 3 - Federalism

Question 1

Chrisholm v. Georgia

Answer 1

Held that citizens of one state could sue another state; led to 11th amendment which prohibited such lawsuits

Question 2

McCulloch v. Maryland

Answer 2

Upheld the national government’s right to create a bank and reaffirmed the idea of “national supremacy”

Question 3

Gibbons v. Ogden

Answer 3

Held that congress, rather than the states, has broad power to regulate interstate commerce

Question 4

Barron v. Baltimore

Answer 4

Endorsed a notion of “dual federalism” in which the rights of a U.S. citizen under the Bill of Rights didn’t apply to that same person under state law

Question 5

Dred Scott v. Sandford

Answer 5

Sided with southern states’ view that leaves were property and ruled the Missouri Compromise violates the fifth amendment, because making slavery illegal in some states deprived slave owners of property

Question 6

What is dual federalism?

Answer 6

Form of federalism in which national and state governments are seen as distinct entities providing separate services; limits power of national government (layer cake)

Question 7

What’s the full faith and credit clause?

Answer 7

States must respect one another’s laws

Question 8

What’s the privileges and immunities clause?

Answer 8

Citizens of each state are entitled to all privileges and immunities of citizens of other states (states must treat visitors the same)

Question 9

What’s the eleventh amendment?

Answer 9

made lawsuits against states unconstitutional (Chrisholm v. Georgia)

Question 10

What’s a unitary government?

Answer 10

Centralized power at national level

Question 11

What’s a confederation?

Answer 11

Centralized power at state level

Question 12

What are intergovernmental relations?

Answer 12

Organizations that seek to coordinate policy across member nations (UN)

Question 13

What are concurrent powers?

Answer 13

Responsibilities for particular policy areas shared by federal, state, and local levels (roads)

Question 14

What did laissez-fairs capitalism aim to do?

Answer 14

Protecting business from regulation by national government; congress couldn’t regulate economic activity that occurred within a state (intrastate)

Question 15

What’s cooperative federalism?

Answer 15

National and state governments work together to provide services efficiently (marble cake)

Question 16

What’s picket fence federalism?

Answer 16

More refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across levels of government

Question 17

What’s coercive federalism?

Answer 17

National government uses regulations, mandates, and conditions to pressure states to fall in line with national policy goals

Question 18

What’s fiscal federalism?

Answer 18

Federal funds are allocated to lower levels of government through transfer payments or grants

Question 19

What are categorical grants?

Answer 19

Federal aid provided for specific purpose

Question 20

What are block grants?

Answer 20

Federal aid provides to be spent within a certain policy area, but state can decide how to spend the money within the area

Question 21

What are unfounded mandates?

Answer 21

Federal laws that require states to do certain things but don’t provide them with funding to implement these policies

Question 22

What are federal preemption?

Answer 22

Impositions of national priorities in states through national legislation that is based on supremacy clause

Question 23

What’s competitive federalism?

Answer 23

States compete to attract businesses and jobs through policies they adopt

Question 24

What’s the tenth amendment?

Answer 24

Ensures all powers not delegated to the national government are reserved to states or people

Question 25

What’s the fourteenth amendment?

Answer 25

Gave national government broad control over potentially discriminatory laws of southern states after civil war

Question 26

What is remedial legislation?

Answer 26

National laws that address discriminatory state laws

Question 27

What’s states’ sovereign immunity?

Answer 27

Immunity that prevents state governments from being sued by private parties in federal court unless state consents or suit

Question 28

U.S. v. Lopez

Answer 28

Carrying a gun in school didn’t fall within interstate commerce bus congress couldn’t prohibit the possession of guns on school property

Question 29

Liberals favor…

Answer 29

Strong national power

Question 30

Conservatives favor…

Answer 30

Limited intrusion from national government

Question 31

What are advantages of a strong role for the states?

Answer 31

States can be laboratories for the people, state and local government is closer to the people, states provide more access to the political system, states provide and important check on national power

Question 32

Disadvantages to too much state power

Answer 32

Unequal distribution of resources across states, unequal protection of civil rights, competitive federalism produces race to bottom

Question 33

What did the court rule of the Civil Rights Acts of 1873 and 1964?

Answer 33

1873: congress didn’t have power to regulate private sector of business
1964: congress could regulate private sector