Chapter 3: Federalism Flashcards

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1
Q

U.S. choose from the following 3 forms of governement

A

Unitary, confederation, and federalism

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2
Q

Unitary Government

A

Central Government has power over all its political subdivisions
Ex. Great Britain

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3
Q

Confederation

A

2 or more independent states join together fro common goal of defense or trade. Each maintain sovereignty
Ex. E.U or U.S. during civil war

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4
Q

Federalism

A

Political power divided between a national government and its subdivisions
Ex. U.S., Germany, Canada

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5
Q

Why federalism is a good choice for the U.S.

A
  1. Ratification would have been impossible without saying the states rights
  2. Sheer geographic size of U.S. would make it impractical to locate all power in a single place
  3. Federalism brings gov closer to people
  4. Citizens have access to gov at all levels
  5. Allows unity on most important issues while allowing states rule on other issues
  6. States act as labs for new programs and policies
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6
Q

Arguments against Federalism

A
  1. May give state too much power to the opinion which it destroys national unity
  2. Danger in the expansion of national government at the expense of the state
  3. Layers of gov can mean confusion and delay helping the people ( Hurricane Katrina)
  4. Too many elections
  5. Conflicts over authority between states and federal gov.
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7
Q

Enumerated/Delegated Powers

A

The spelled out federal power in the constitution

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8
Q

Necessary and proper Clause

A

Gives congress power to pass laws so t can carry out enumerated powers
- lead to implied powers

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9
Q

Supremacy clause

A

Federal Government above all other levels of government

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10
Q

State powers

A

Reserved power being to the state because they’re not given nor denied in writing
-10th Amendment

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11
Q

Concurrent powers

A

Powers shared by both the state and federal gov.

Ex. Collect taxes, build roads, create lower courts

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12
Q

Ex post facto

A

Can’t be penalized for an act that was done when it was legal and is now illegal

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13
Q

Article IV

A

Addresses the issue of relationships between states

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14
Q

Full Faith and Credit Clause

A

States are required to recognize the laws and legal documents of other states
- drivers licenses, marriage licenses

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15
Q

Privileges and Immunities Clause

A

States can’t discriminate against people from other states

- no residents can travel freely, buy and sell property

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16
Q

Extradition

A

States may return fugitives o a state from which they fled to avoid prosecution

17
Q

National Power- expressed, implied, inherent

A
  • Regulate foreign and interstate commerce
  • coin money
  • provide army
  • declare war
  • establish federal courts
  • regulate immigration
18
Q

National and State Powers- Concurrent

A
  • Levy Taxes
  • Borrow Money
  • spend for general welfare
  • establish courts
  • enact and enforce laws
  • Charter banks
19
Q

State Powers- Reserved

A
  • regulate interstate commerce
  • establish local governments
  • establish public school systems
  • administer elections
  • regulate corporation
  • protect public, health, welfare, and morals
20
Q

Marshall Era

A

Court led by John Marshalls

1800-1835

21
Q

McCullough vs Maryland

A

Marshall Era

  • banking case that’s used to justify lots of federal action towards state
  • state bank wanted to tax federal bank, Marshall said no because of supremacy clause
22
Q

Gibbons vs. Ogden

A

Marshall Era

  • Supreme Court ruled that Congress had the power to regulate interstate commerce
  • NY wanted to monopolize a trade route
23
Q

Dual Federalism

A

Layer Cake- belief that separate and equally powerful levels of government
1850- 1930
- clear separation of government
-leans towards national supremacy

24
Q

Dred Scott

A

Dual Federalism Era

  • spaces taken to free states are still slaves
  • strengthened state’s rights ad invalidated a federal law
25
Q

16th and 17th Amendment

A

16- collect income taxes
17- direct election of senators
-overall limited fed gov

26
Q

Cooperative Federalism- Marble Cake

A

New deal and growth of national government
1933-1963
- all levels of gov are involved in variety of programs
- favors state gov

27
Q

Great Depression

A
  • Put power in the hands of National gov

- states and fed gov work together to put policies in place

28
Q

New Deal Money came with…

A

Strings attached

- if you want fed money have to do what we say

29
Q

Wickard vs Fibum

A

Federal government can regulate farmer’s production

30
Q

Miranda vs. Arizona

A

Criminals must be made aware of heir rights before being interrogated

31
Q

New Federalism- Ronald Reagan

A

Returns power to states

32
Q

Block Grants

A

Fed gov gives states funds for specified activities, but states decide how it is spent

33
Q

Welfare Reform Act of 1996

A

Returned administrative power of welfare programs to states

34
Q

Unfunded Mandates

A

States upset over

Federal laws requiring states to provide a service with no $ from federal govt. to pay for it

35
Q

After 9/11

A
  • president bush passes law increasing fed gov’s powers
    - patriot act and wars in Iraq/Afghanistan
  • No Child left behind act
    - funds cut unless test scores go up
  • president Obama continues to increase fed gov’s power
36
Q

Fiscal Federalism

A

national government’s pattern of spending, taxation, and providing grants to influence state & local government

37
Q

Grant- in- aid programs

A

Money from National government to state & local to be used for specific programs.

38
Q

Categorical Grants:

A

grants that have specific purpose by law, may even require “matching-funds”

39
Q

Mandates

A

Requirements imposed by national government on state & local government