Chapter 3: Federalism Flashcards
U.S. choose from the following 3 forms of governement
Unitary, confederation, and federalism
Unitary Government
Central Government has power over all its political subdivisions
Ex. Great Britain
Confederation
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
Federalism
Political power divided between a national government and its subdivisions
Ex. U.S., Germany, Canada
Why federalism is a good choice for the U.S.
- Ratification would have been impossible without saying the states rights
- Sheer geographic size of U.S. would make it impractical to locate all power in a single place
- Federalism brings gov closer to people
- Citizens have access to gov at all levels
- Allows unity on most important issues while allowing states rule on other issues
- States act as labs for new programs and policies
Arguments against Federalism
- May give state too much power to the opinion which it destroys national unity
- Danger in the expansion of national government at the expense of the state
- Layers of gov can mean confusion and delay helping the people ( Hurricane Katrina)
- Too many elections
- Conflicts over authority between states and federal gov.
Enumerated/Delegated Powers
The spelled out federal power in the constitution
Necessary and proper Clause
Gives congress power to pass laws so t can carry out enumerated powers
- lead to implied powers
Supremacy clause
Federal Government above all other levels of government
State powers
Reserved power being to the state because they’re not given nor denied in writing
-10th Amendment
Concurrent powers
Powers shared by both the state and federal gov.
Ex. Collect taxes, build roads, create lower courts
Ex post facto
Can’t be penalized for an act that was done when it was legal and is now illegal
Article IV
Addresses the issue of relationships between states
Full Faith and Credit Clause
States are required to recognize the laws and legal documents of other states
- drivers licenses, marriage licenses
Privileges and Immunities Clause
States can’t discriminate against people from other states
- no residents can travel freely, buy and sell property
Extradition
States may return fugitives o a state from which they fled to avoid prosecution
National Power- expressed, implied, inherent
- Regulate foreign and interstate commerce
- coin money
- provide army
- declare war
- establish federal courts
- regulate immigration
National and State Powers- Concurrent
- Levy Taxes
- Borrow Money
- spend for general welfare
- establish courts
- enact and enforce laws
- Charter banks
State Powers- Reserved
- regulate interstate commerce
- establish local governments
- establish public school systems
- administer elections
- regulate corporation
- protect public, health, welfare, and morals
Marshall Era
Court led by John Marshalls
1800-1835
McCullough vs Maryland
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
Gibbons vs. Ogden
Marshall Era
- Supreme Court ruled that Congress had the power to regulate interstate commerce
- NY wanted to monopolize a trade route
Dual Federalism
Layer Cake- belief that separate and equally powerful levels of government
1850- 1930
- clear separation of government
-leans towards national supremacy
Dred Scott
Dual Federalism Era
- spaces taken to free states are still slaves
- strengthened state’s rights ad invalidated a federal law
16th and 17th Amendment
16- collect income taxes
17- direct election of senators
-overall limited fed gov
Cooperative Federalism- Marble Cake
New deal and growth of national government
1933-1963
- all levels of gov are involved in variety of programs
- favors state gov
Great Depression
- Put power in the hands of National gov
- states and fed gov work together to put policies in place
New Deal Money came with…
Strings attached
- if you want fed money have to do what we say
Wickard vs Fibum
Federal government can regulate farmer’s production
Miranda vs. Arizona
Criminals must be made aware of heir rights before being interrogated
New Federalism- Ronald Reagan
Returns power to states
Block Grants
Fed gov gives states funds for specified activities, but states decide how it is spent
Welfare Reform Act of 1996
Returned administrative power of welfare programs to states
Unfunded Mandates
States upset over
Federal laws requiring states to provide a service with no $ from federal govt. to pay for it
After 9/11
- 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
Fiscal Federalism
national government’s pattern of spending, taxation, and providing grants to influence state & local government
Grant- in- aid programs
Money from National government to state & local to be used for specific programs.
Categorical Grants:
grants that have specific purpose by law, may even require “matching-funds”
Mandates
Requirements imposed by national government on state & local government
