Chapter 3: Federalism: Forging A Nation Flashcards
1
Q
What citizens do Americans posses? (What two areas are they citizens of?)
A
Dual citizenship - citizen of the U.S. and the state where they reside
2
Q
What type of political system does America use where the constitutional authority of the country is divided between the national government and state governments?
A
The federal system
3
Q
Where does each government in a federal system derive its powers from?
Therefore, what kind of authority do they have over policy responsibilities?
A
Derives its powers directly from the people…
Therefore, has sovereignty (final authority)
4
Q
What relationship was the most controversial issue when the constitution was written and still is?
A
The relationship between states and the nation
5
Q
What must the power of government be equal to?
What was needed due to the United States original system (the articles of confederation - to weak to accomplish goals like strong defense and an integrated economy)?
A
The powers of government must be equal to its responsibilities…
The constitution was needed because the articles of confederation was to weak
6
Q
What was federalism - the Constitution’s division of governing authority between two levels, nation and state - the result of?
What did federalism act as in 1787 due to the prior exstence of states?
A
Federalism was the result of political bargaining…
Federalism acted as a compromise, NOT a theoretical principle
7
Q
True or False:
Federalism is a fixed principle for allocating power between the national and state governments.
If False, what kind of principle is it?
A
False - was a principle that changed over time due to political needs and partisan ideology, and has evolved through different stages throughout American history.
8
Q
What kind of authority does contemporary federalism tilt towards?
What main goal does it reflect in american society?
A
Contemporary federalism tilts towards national authority…
Reflecting increasing interdependence
9
Q
What was the solution to the fact that by order of the Articles of Confederation, the states had authority over citizens, and therefore ignored directives from the articles of confederation?
A
In order for states to not hold complete authority over citizens, the federal government had to be given direct authority over people.
10
Q
What did North Carolina and Georgia withhold from the National Treasury from 1781 to 1786. Could the Federal government had stopped them?
A
North Carolina and Georgia didn’t contribute money to the national treasury…
The federal government couldn’t stop them because it didn’t have the ability to force them to pay because it couldn’t regulated economic activities, tax, or conscript citizens
11
Q
True or False?
The writers and delegates of the Constitution wanted to abolish the states.
A
False - states had their own constitutions and many identified as their state
12
Q
What two specific reasons led the framers to invent an entirely new government system?
A
- Preserving the states
2. The need for national government to have direct authority over its people
13
Q
What is sovereignty?
Was Sovereignty apparent before the Constitution was drafted?
A
- The supreme (ultimate) authority to govern within a certain geographic area
- No, it was invisible
14
Q
When - by definition - can a government not be sovereign?
How did Federalism divide sovereignty?
A
- When it can be overruled by another government
2. Between the national government and the states
15
Q
What is federalism?
A
Governmental system where authority is divided between the national and regional sovereign levels of government.
16
Q
Can the national government abolish the state, and vise versa?
WHY?
A
No, one can’t abolish the other…
Because each level is constitutionally protected, and each level has certain authorities where it is not subject to the other’s approval
17
Q
What is a Unitary system?
Did other nations use this system in 1787?
A
A governmental systemin which the national government alone has sovereign (ultimate) authority…
Yes
18
Q
What type of government in the United states follows a unitary system?
A
American’s local governments - not sovereign, and instead derives its authority from its respective state governments, which in some cases can abolish a local unit of government.
19
Q
Do local or regional governments have sovereignty in a unitary system?
If not, how far does their authority stretch and what government grants it?
A
No
Authority exists only to the degree granted by the national government
20
Q
What level of government in a unitary system has sovereignty?
A
The national government
21
Q
True or False?
In federal systems, the national legislature has 2 chambers - one apportioned by population ( U.S. House of Representatives) and the other by geographic are ( U.S. Senate)
A
22
Q
Do all states in the U.S Senate - a pure federal institution which enables this - have the same number of senators
A
Yes
23
Q
In Germany and Canada, how are states represented in the legislative chamber in terms of the number of state representatives?
A
Represented based on geography, NOT population, which makes them unequally represented
24
Q
Federal systems have a two-chamber legislature, whereas some unitary systems have only one chamber. Why the difference?
A
Because in a unitary system, there isn’t a need for a second legislative chamber that is based on geographic states, like there is in the federal system.
25
What type of government existed under the Articles of Confederation where the states alone were sovereign - they decide authority of the central government?
Confederacy - rare in hyman history
26
What ancient city states and Medieval leagues were confederacies?
Ancient Greek city-states and Medieval Europe’s Hanseatic League
27
Why was the Confederate States of America - the South’s Civil War government - a federalistic institution instead of a confederate one?
Because sovereignty was divided between the central and state governments, not solely with the state governments
28
What five powers were held specifically with the national government in the federal system established in 1787 that dealt with the national scope?
1. National defense
2. Currency
3. Post office
4. Foreign affairs
5. Interstate commerce
29
What five powers were held specifically with the state government in the federal system established in 1787 that dealt with local issues?
1. Charter local governments
2. Education
3. Public safety
4. Registration and voting
5. Intrastate commerce
30
What five powers were shared between the state and national government in the federal system established in 1787?
1. Lending and borrowing money
2. Taxation
3. Law enforcement
4. Charter banks
5. Transportation
31
What controls did the national government lack due to the Articles of confederation that the Federalism arguement of 1787 was trying to fix?
What impacts did it have?
National government didn’t have the power to tax or regulate commerce among the states….
Which led to the national government lacking the financial means to maintain a strong army to prevent European powers over them or protect marchant ships from harassment from foreign entities
Which led to the national government being unable to promote the general economy or prevent trade wars between states
32
What two states imposed taxes on goods shipped into their state from other states?
New Jersey and New York
33
Which two federalists challenged the Anti-federalists with the Federalist Papers that claimed the federal system would protect the liberty of people and moderate the power of government?
James Madison and Alexander Hamilton
34
True or False?
John Locke and Montesquieu proposed division of powers between national and local authorities to protect liberty?
What argument did the framers present in favor of federalism
False - the framers argued that federalism was a part of the system of check and balances
35
Who wrote the Federalist No. 28 that said the american people shift loyalties between national and state government to keep each under control?
Alexander Hamilton
36
What argument did Anti-federalists present to disuade giving the states’ power to the nation?
Who idea did they refer to that claimed small republic was more likely to serve people’s interest because they were more in touch to the people?
That distant national government couldn’t serve and protect the people’s interests to the degree that state government could…
French Theorist Montesquieu
37
What did Federalist No. 10 - written by James Madison - argue against Anti-federalist view that state government could serve people’s interests better?
What was the specific problem with dominant factions in state government?
He argued that size doesn’t determine the ability to serve the people’s needs, and instead that the range of interests that share political power does…
Madison said that state governments could have dominant factions that were strong enough to control the government, and that a large government was less likely to have those dominant factions - making it more difficult for a group to grasp control - forcing groups to share power
38
True or False?
James Madison argued for central authority?
If not, what did he argue for? Why?
False - argued for limited government because power would be more widely shared
39
Authority not granted to national government is left to the __________.
States
40
The U.S. Constitution addresses the lawful authority of the national government, which is provided through ______________ ___ __________ ________.
Enumerated and implied powers
41
The states have ____________ powers.
reserved
42
What are enumerated powers?
17 powers granted to national government including taxation and regulation of commerce, and the authority to provide for the national defense.
43
Where are the enumerated powers found?
In Article 1, Section 8 of the Constitution
44
How did the enumerated powers establish stong government where defenses were secure and stable in the economy?
Congress could regulate commerce among states, create national currency, and borrow money - all of which foundationalized a stong economy, as well as tax and establishing an army or navy helped establish a strong defense
45
True or False?
Constitution prohibits states from action that encroach on national powers.
True
46
What does Article 1, Section 10 of the Constitution prohibit states from doing?
Prohibits states from making treaties with other nations, raising armies, waging war, printing money, entering into commercial agreements with other states with the approval of Congress
47
When the lawful exercise of national authority would conflict with laws of the state, whose law would prevail?
Which article grants this dominance?
National law
Article VI of the Constitution in the supremacy clause
48
What is the Supremacy Clause?
What quote can help you remember this?
Article VI of the Constitution which states that national law is supreme over state law when national government is acting within constitutional limits
“The laws of the United States . . . Shall be the supreme law of the land”
49
What was the weakness of the articles of confederation with regards to responding to change?
What article addressed this concern in the new government? What was the clause called?
That because the national government couldn’t exercise powers not expressly granted to it, it couldn’t meet the country’s changing needs, especially after the revolutionary war…
Article I on the constitution - the “Necessary and Proper” clause - later the Elastic Clause
50
What did the necessary and proper clause grant Congress for implimenting enumerated powers?
In Article I, Section 8 of the constitution to make all laws necessary and proper for implementation of enumerated powers, a gave the national government implied powers
51
What are implied powers?
The federal governments constitutional authority through the necessary and proper clause to take action not expressly authorized by the constitution but supports actions that are so authorized, and related to the exercise of listed powers.
52
Why did the “Supremacy” and “Necessary and Proper” clause worry Anti-federalists?
What did the Anti-federalists demand because of it?
Thought it made the national government to powerful because it provided a constitutional ability to expand federal authority…
Leading them to demand a constitutional amendment protecting states’ rights and interests
53
When was the Tenth Amendment - powers not delegated to the United States by the constitution were to be reserved by the states - ratified?
1791
54
What are reserved powers?
Powers granted to states under the tenth amendment to the constitution
55
What did the tenth amendment enable the national government to do?
Intrude on policy areas initially reserved to the states
56
What is nationalism?
The process where authority in the American federal system has shifted gradually from the states to the national government
57
True or False?
The Constitution doesn’t specify the deviding line between interste commerce and intrastate commerce, leading to conflict?
True
58
What aspect of the constitution has sparked the most conflict?
Federalism
59
What is interstate commerce?
Commerce the national government regulates
60
What is intrastate commerce?
Commerce that states regulate
61
What was the main issue during the first era of Federalism from the time of the Constitution (1789) to the end of the Civil War (1865)?
The Union’s survival - states disputed national policies that threatened their interests
62
What was the disagreement between Alexander Hamilton and Thomas Jefferson over?
Alexander Hamiltion - proposed establishment of national band because federal government had constitutional authority to regulate currency, giving it the “implied powers” to establish the national bank
Thomas Jefferson - claimed national bank was unlawful because Constitution didn’t expressly authorize it and would enrich the wealthy and displace ordinary people
63
What position did Alexander Hamilton serve during President George Washington’s presidency?
Secretary of Treasury
64
What position did Thomas Jefferson serve during President George Washington’s presidency?
Secretary of State
65
When was the First bank of the united states established?
When was the Second bank of the united states established?
1791 - 20 year charter
1816 - after the unrenewment of the first bank in 1811
66
How did states fight against the establishment of the national bank?
What major court case did this enact ?
Many states, including Maryland levied taxes on the national banks operations within their states borders
The McColloch v. Maryland Case
67
What was the McCulloch v. Maryland case debating?
Who did the Chief Justice of the Supreme court, John Marshall, agree with in the McCulloch v. Maryland case (1819)?
1. Maryland, along with other states levied taxes against the national bank in order to make it unprofitable. James McCulloch, who was in charge of the Maryland branch of the national bank refused to pay the Maryland tax and the dispute was brought to the Supreme Court.
2. The Chief Justice of the Supreme court, John Marshall, was a nationalist and sided with the national authority, stating that given the national government’s power to tax, borrow money, and regulate commerce had the implied ability to establish a bank to exercise those enumerated powers effectively. John marsharl argued that implied powers from the “Necessary and Proper” clause, granted the national government powers extending beyonda narrow interpretation of the enumerated powers, as well as discussed the meaning the the Supremacy clause.
68
What did John Marshalls ruling in the McCulloch v. Maryland case (1819) address in terms of the Supremacy clause for Maryland?
How did the Supreme court respond?
Maryland argued that even if the national government could create a national bank, the state had the authority to tax it.
The supreme court rejected Maryland’s claim, stating that constitutional national law overrided conflicting state law, and could protect itself from state actions like taxation because the national government had the power to create a national bank
69
What court case in 1824 did the McCulloch v. Maryland case set precedent for?
What happened in that case? What did it state relating to Congress’s commerce powers?
The Gibbons v. Ogden case (1824) - The Marshall-led court rejected New York law granting a resident a monopoly on a ferry that operated between New York and New Jersey - stating that New York encroached on National government powers to regulate commerce among the states. Stated that Congress’s commerce power was stretched to all aspects of trade, including transportation of goods.
70
True or False?
John Marshall’s opinions showed certain broad grants of power to the national government, and how he provided legal basis for the expansion of federal power that helped develop the United States as a nation, not as a collection of states.
True
71
What did the fear of Slavery abolishion lead the Southern state leaders to do?
What was it called?
The Southern State leaders developed a constitutional interpretation (by John C. Calhoun) declaring that a compact between states existed, leading to the “Doctrine of nullification”.
72
What did John C. Calhoun’s “Doctrine of Nullification” declare?
When was it invoked in South Carolina and for what purpose?
That a state had the constitutional right to nullify a national law…
South Carolina invoked it in 1832 to declare a national tarrif law that supported northern interests null and void
73
What conflict did South Carolina’s use of the “Doctrine of Nullification” with President Andrew Jackson?
What caused South Carolina to back down?
What did this conflict foreshadow?
President Andrew Jackson, declaring South Carolina’s actions opposing the existence of the Union, received Congress’s permission to take military action against South Carolina.
South Carolina backed down after Congress agreed to changes in the tariff act
The civil war
74
Who was Dred Scott, and what was he fighting for? What Compromise did he Cite?
What Supreme Court decision in the Infamous Dred Scott decision (1857), written by Chief Justice Roger Taney (states rights advocate), strengthened the dispute over state rights?
Dred Scott was a slave who lived in the North and applied for freedom after his master died.
He cited the Missouri Compromise (1820) that made slavery illegal in a free state or territory.
The supreme court ruled against Dred Scott, claiming that slaves weren’t citizens and had no right to have a court case in federal court, and invalidated the missouri compromise by claiming slaves were property, not people.
75
Why did Congress lack the power to outlaw slavery in any state?
Because the Constitution prohibited Congress from interfering with owner’s property rights, Congress couldn’t outlaw slavery because people claimed they weren’t people, they were property, and they weren’t citizens.
76
What was the outrage in the North and contribution to the sectional split in the nations majority party the democrats brought on by?
The Dred Scott Decision (1857) and Chief Justice Roger Taney’s decision
77
True or False?
In 1860, the Democratic Party’s northern and southern wings nominated different candidates for the presidency, which split the Democratic vote, enabling the Republican candidate, Abraham Lincoln, to win the presidency with only 40 percent of the popular vote.
True
78
How did President Abraham Lincoln campaign for the end of slavery; what method did he say would be implemented?
How did most states respond?
The gradual abolishment through payments to slaveholders…
Most states left the union
79
What war did President Abraham Lincoln wage on the South?
The Civil war, because of the Southern support of slavery vs. the northern argument against slavery
80
What was dual federalism?
The doctrine based on the idea that a precise separation of national power and state power is both possible and desirable.
81
How did dual federalism impact the state and or national governments abilities to regulate business?
What was the era of dual federalism characterized by?
It was a barrier, and from 1860s through 1930s, the supreme court made clear the boundaries between national and state powers, and how neither government could regulate business…
Business supremacy in commerce policy - businesses were growing and taking advantage of workers
82
When was the 14th amendment ratified?
What did it state/ what did it intend to do?
After the civil war…
The states couldn’t deprieve anyone of life, liberty, and property without due process, equal protection under the law, and privileges of US citizens - intended to protect newly freed slaves from discriminatory action by state governments
83
Who was Homer Adolph Plessy? What was he convicted of?
He was a black man, convicted of violating the Louisiana law that required white and black citizens to reide in separate railroad cars
84
What did the supreme court rule in the Plessy v. Ferguson case (1896)?
Ruled that state governments could force black citizens to use separate facilities as long as the facilities were equal in quality to those reserved for use by whites.
85
Which justice condoned the Supreme courts decision in the Plessy v. Ferguson case (1896)?
John Marshall Harlan
86
True or False?
The Plessy ruling had become a justification for the separate and unequal treatment fo black americans
True
87
What was the Supreme court’s stance on regulating business after the civil war?
What did the majority of the court’s justices favor?
Against it, interpreted constitution in ways that limited government interference with business…
The Laissez-Faire captitalism - business should be allowed to act without interference
88
How did the court use the 14th amendment to their advantage in 1886 regarding the role of a corporation in society and its protections?
The court stated that corporations were “persons” within the 14th amendment, therefore were protected from state regulations
89
What is the Commerce clause and where is it in the Constitution?
How did the courts interpret the Constitution’s commerce clause to weaken the national government’s regulatory and commerce power?
The commerce clause - Article 1, Section 8 of the constitution, granting Congress the authority to regulate commerce among the states
Because the clause didn’t specifically spell out the economic activities included in it, the courts took advantage of that by saying that the national government couldn’t perform certain regulatory actions against businesses because it wasn’t clearly stated.
90
Why did the federal government invoke the Sherman Antitrust Act (1890) on the manufacture of sugar?
How did the supreme court respond, and why?
Because they wanted to break up the monopoly - the single company that controlled 98% of it…
They rejected it, claiming that interstate commerce didn’t deal with the manufacture process, only the transportation process
91
What type of state commerce was manufacturing a part of according to what doctrine?
How was this counteracted by a previous decision of the court regarding the states regulatory powers and the 14th amendment?
Manufacturing was part of intrastate commerce according the the dual federalism doctrine, and subject to state regulation only…
The states regulatory powers were limited by the 14th amendment based on previous ruling, and states were largely prohibited from regulating manufacturing.
92
What case arose from the 1916 federal law prohibiting interstate shipment of goods produced by child labor, and how did the court respond with an interpretation of the 10th amendment?
The Hammer v. Dagenhart case (1918) - court invalidated it, saying that the tenth amendment gave the states, not federal government power to regulate factory practices.
93
True or False?
The earlier case of Lochner v. New York (1905) contradicted Hammer v. Dagenhart, because the court had blocked states from regulating labor practices, saying that those actions violated factory owner’s property rights.
True
94
What progressive republican fought against uncontrolled business power, contradicting the republican party’s ideology of unregulated markets and the small role of federal government?
Theodore Roosevelt
95
What did Republican President Herbert Hoover refuse to do when the great depression began in 1929?
Refused to use federal authority to put people back to work
96
How many people were jobless at the height of the depression?
1/4 of the nation
97
_____________ __ _____________ was elected as the Democratic presidential candidate in the 1932 election, who say that the economy had become a national economy.
Franklin D. Roosevelt
98
What Franklin Roosevelt New deal program were designed to ease state finances by establishing federal job programs and enabling major industries to coordinate production decisions?
Was it opposed? What supreme court case in 1935 did they use against it?
The 1933 National Industrial Recovery Act (NIRA)
Opposed by economic conservatives: Schechter Poultry Corp v. United States (1935) - declared in 5-4 vote the NIRA unconstitutional because they thought it was leading the country to socialism
99
What did Roosevelt ask Congress to do regarding the number of supreme court justices after Schechter Poultry Corp. v. United States (1935)?
To pass legislation allowing the president to nominate a new justice whenever a seated member passed the age fo 70 and a 1/2, allowing him to pick enough to swing the court - ended with the “ switch in time that saved nine” where Justice Owen Roberts switched sides on the New Deal cases which gave the president a 5-4 majority.
100
What did the 1935 National Labor Relations Act enable employees to do?
What did congress determine interms of labor and management disputes affecting the economy?
Did the supreme court support it?
How far was it stated Congress’s commerce power reached in aother rulling?
The right to organize and bargain collectively.
Claimed the disputes disrupted the economy and could be regulated throught the commerce clause.
The supreme court endorsed Congress’s reasoning
Court declared congress would be allowed to regulate all aspects of commerce
101
True or False?
The supreme court finally acknowledged that an industrial economy is not confined by state boundaries and must be subject to national regulation.
True
102
How id the Federal Deposit Insurance Corporation (FDIC) affect the nation’s banking industry in the 1930’s?
By the creation of the federal regulatory agency, it saved the nation’s banking industry from almost complete collapse during the great recession by insuring depositor’s savings against loss, the FDIC stopped panic withdrawals that forced thousands of the nations banks to close
103
What court ruling in 1936 led the court to hold that the Constitution’s taxing and spending clause confers a grant of power limited only by the requirement that it shall be exercised to provide for the general welfare of the united states?
United States v. Butler (1936)
104
True or False?
The supreme court during the 1930’s tightened restrictions on congress’s taxing and spending power.
False - they loosened them
105
Today’s contemporary federalism is defined not by dual federalism, but by 2 countervailing developments. What are they?
1. The long-term expansion of national authority, beginning in 1930’s and continuing today. Gov’t now operates in many policy areas once controlled by local and state institutions. National gov’t doesn’t dominate, but they do play a role
2. Devolution - peak in 1990’s where authority was passed down from national to state and local levels, receded
106
Why has national authority increased substantially?
Interdependency - certain systems like transportation, commerce, communication are national and international, and this has caused Washington to take on a larger role
107
What is cooperative federalism?
Situations where national, state, and local levels work together to solve problems, shared policy responsibilities
108
What is the difference between cooperative federalism and dual federalism?
Cooperative Federalism - marble cake - layers work together
Dual federalism - layer cake - layers are separate
109
What is the 1965 Medicaid program created by President Johnson’s Great society initiative that provided healthcare to the poor an example of?
Cooperative Federalism - jointly funded by national and state government
110
Cooperative federalism programs have the following characteristics……
1. Jointly funded by national and state (sometimes local) government
2. Jointly administered, states and local gov’t providing most of direct service and national agency providing general administration
3. Jointly determined, both state and national (sometimes local) have say in eligibility and benefit levels and with federal regulation, like prohibiting discrimination, imposing uniformity on state and local efforts
111
True or False?
Interdependency of American society and government expectance assistance with citizen issues have increased federal government’s policy rule.
True
112
____________ ______________ is the expenditure of federal funds on programs run, in part, through states and local government.
Fiscal federalism
113
What are the federal cash payments to states and localities for programs they administer that has increased dramatically since the 1950’s?
Grants-in-aid
114
True of False?
State and local governments can reject grant-in-aid, but, if they accept it, they must spend it in the way specified by congress.
True
115
What two types of assistance do state and local government receive?
Categorical grants and Block Grants
116
______________ ________ are federal grants-in-aid to states and local governments that can be used only for designated projects, while ________ ________ are federal grants-in-aid that permit state and local officials to decide how the money will be spent within a general area, such as education or health.
Categorical Grants; Block grants
117
True or False?
State and local officials prefer block grants.
True
118
True or False?
Congress prefers Block grants.
False - they prefer Categorical Grants because they have more control on how the money is spent, like most grants are
119
________________ is the idea that American federalism can be strenghthened by a partial shift in power from federal to state to local; passing down of authority from national to state and local governments. Rests on belief - more Rep. than Dem. - that national government has intrued to far in areas belonging to state and local governments.
Devolution
120
Upon taking office in 1981, Republican President _______ _______ proposed “new federalism” that would give more control to states and local governments through an executive order, advocating block grants and opposing categorical grants, as well as prohibiting federal agencies from submitting to congress proposals that would regulate states in ways that would interfere with traditional government functions.
Ronald Reagan
121
What did congressional republicans also pass legislation to reduce?
Unfunded mandates - federal programs that require action by states or local governments but don’t provide enough funds to pay for it, like The Clean Air Act 1963 that required states to comply with national air quality standands but didn’t provide them with all the funds necessary to implement their plans.
122
What did the 1996 Welfare Reform Act do?
Tightened spending eligibility, and with temporary assistance for needy families block grant, ended the federal program that granted cash assistance to poor families with childen, restricting family’s eligibility for federal assistance to five years and gives states wide latitude in setting benefit levels.
123
True of False?
After 9/11, there was an increase in federal authority, with the creation of Department of Homeland Security which is a cabinet-level federal agency with policing emergency responsibilities traditionally belonging to state and local government established during Republican President George W. Bush’s presidency.
True
124
True of False?
In 2010, The democrat-controlled congress enacted the Affordable Care Act (ACA), which is one of the largest expansions of federal authority since the 1960s.
True
125
Before the ACA was enacted, _______ controlled health insurance, regulating everything from coverage plans that insurance companies could offer to the rates they could charge.
States
126
What 5 cabinet departments were created after 1930’s to administer federal programs in policy areas traditionally reserved to the states
1. Health and Human Service
2. Housing and Urban Development
3. Transportation
4. Education
5. Homeland security
127
Which political party is far more likely than democratic identifiers to believe that the federal government has too much power?
The republican party
128
True or False?
The public’s rule in determining boundaries between federal and state power has increased over America’s history?
True
