Chapter 3 - Federalism and Separation of Powers

Question 1

What is federalism?

Answer 1

The system of government in which a constitution divides power between a central government and regional governments.

Question 2

What is sovereignty?

Answer 2

Supreme and independent political authority

Question 3

What does federalism do?

Answer 3

Limits national and state power by creating two levels of government - national and state government. Each has a large measure of sovereignty and thus the ability to restrain the power of the other.

Question 4

What does the constitution provide to the federal government?

Answer 4

Expressed and implied powers. e

Question 5

What are the four stages of federalism?

Answer 5

1. Dual Federalism
2. Cooperative Federalism
3. Regulated Federalism
4. New Federalism

Question 6

What is dual federalism?

Answer 6

(1789-1937)

• Layer cake idea of power
• two very distinct layers of government
• states exercised most important powers

Question 7

What is Cooperative federalism?

Answer 7

(1937-1960s)

• During the New Deal, national government’s power expanded
• Marble cake idea of power
• There was cooperation on some policies
• A rise in grant-aids

Question 8

What is Regulated federalism?

Answer 8

(1960s-1990s)

-National government determines policies, state governments pay for and administer them.

Question 9

What is New Federalism?

Answer 9

(1990s-present)

-States have more power to do things and the national government is more of a guide.

Question 10

What was the McCulloch v. Maryland case?

Answer 10

(1819)

• Landmark Supreme Court case
• Can Congress charter the Bank of the USA?
• SCOTUS said chartering the bank was an implied power
• Maryland CANNOT tax this bank because “the power to tax is the power to destroy”
• Federal law always supersedes state law as federal law is the “law of the land”

Question 11

What does the separation of powers seek to do?

Answer 11

To limit the power of the federal government by dividing government against itself

Question 12

Checks and Balances: Legislative over Executive

Answer 12

CONGRESS HAS THE MOST POWER
o	Override presidential vetoes
o	Impeach and remove the president
♣	Andrew Johnson
•	Removing cabinet officials
♣	Bill Clinton
•	Committing purgery by lying about the affair. 
o	Senate votes on executive appointments
o	Senate votes to ratify treaties
o	Congress can investigate president’s actions. 
o	Congress controls budget/funding

Question 13

Checks and Balances: Executive over Legislative

Answer 13

o President can veto acts of Congress
o President can call a special session of Congress
o President carries out and enforces laws.
o Vice President is President of Senate and casts tie breaking votes.

Question 14

Checks and Balances: Legislative over Judicial

Answer 14

o Congress can change size of courts and SCOTUS
♣ SCOTUS has gone from 7 to 9 to larger and then back to 9
♣ Every other federal court, district court etc are all created by acts of Congress, the number of members, pay, etc are also all determined by Congress.
o Congress can propose constitutional amendments.
o Congress can reject judicial nominees.
♣ President will try to anticipate this
o Congress can impeach/remove judges
o Congress can alter court jurisdictions
♣ “The realm over which you have power”
o Congress controls court funding.

Question 15

Checks and Balances: Judicial over Legislative

Answer 15

o Court can declare laws unconstitutional

o Chief justice presides over Senate during hearing to convict an impeached President.

Question 16

What is Divided Government?

Answer 16

when one party controls the presidency and the other party controls at least on chamber of Congress

Question 17

What is the main role of SCOTUS?

Answer 17

Judicial review - SCOTUS can declare something unconstitutional (however it’s not enumerated in the constitution)

Question 18

What was the Marbury v. Madison case?

Answer 18

(1803)

• Conflict over appointment of a judge (Marbury)
• Marbury never received his official commission (saying he could be confirmed and sworn in)

Question 19

What are some limitations on the states?

Answer 19

• States cannot discriminate against denizens of other states.
• “No state shall, without the Consent of Congress… enter into any Agreement or Compact with another state.”
• (Compacts are a way for two+ states to reach a legally binding agreement about a problem that involves all states)

Question 20

What are the challenges of governing in a federal system? What problems does federalism solve, and what problems does it create?

Answer 20

States have very different views, and there’s sometimes conflict between national and state government because impossible to please all states
-without federalism, there were powerful state governments (less of a union)

Question 21

How does separation of powers influence federal institutions?

Answer 21

Each branch has checks and balances - lessens the possibility of one taking too much power. However, can have divided government.

Question 22

Why did the Founders make Congress the preeminent branch?

Answer 22

House is closest to the people. Over time, people have argued that the President (executive) has more power.

Question 23

How does judicial review affect the balance of power between the branches of the federal government?

Answer 23

Gives more power to the judicial branch - they interpret the constitution and can almost make policies (e.g. gay marriage)

Question 24

Riker raises the question “is federalism worth keeping?” What is his specific view of federalism and do you agree?

Answer 24

Federal government allows decisions to be made as the states tend to be very split on things like school segregation, voters’ rights, etc.

Question 25

What’s a categorical grant? Advantages/disadvantages of this

Answer 25

• x amount of money goes to a certain place (with lots of oversight)
• advantage= money is definitely spent on what it should be, less room for corruption
• disadvantage= federal government might not know where the money should go as much as the state government

Question 26

What’s a block grant?

Answer 26

State decides where the money goes (e.g. block for law enforcement can go anywhere in enforcement)

• advantage= state has a better idea of where the money needs to go
• disadvantage= possibility state won’t spend money on what they should (corrupt state government)