Chapter 4 - Federalism Flashcards
The division of national INTO levels of government (national, state, local) each with different powers and responsibilities
Federalism or Division of Powers
Major strength of federalism?
Ability for States and local govt to handle state and local matters
Delegated power to national govt
Stated in Constitution
Ex. Taxation and military powers
Expressed/Enumerated powers
Delegated powers of national govt
Not written in the const. but derived from express powers
Ex. Necessary and Proper Clause
Implied Powers
Where can Expressed/implied powers be found in Const.?
Article 1, section 8
Power delegated to national govt
Not expresssed, but recognized as existing simply bc of nation govt
Ex. Immigration and deportation
Inherent powers
Are there expressed, implied and inherent denied powers?
Where are they found?
Yes; levy duties on exports, eminent domain, civil liberties, created public schools, regulate marriage laws, anything that undoes he system itself or limits sovereignty of states
- Article 1, sec. 9&10
Reserved powers are reserved for whom and how? Examples?
The states by the 10th amend.
Ex. Ban obscenity, regulate alcohol, establish schools
What major power goes to states
Police power
What powers are denied to states?
Where are they?
No treaties or alliances w/ foreign natiotions, no coining/printing money, no denying due process
Found in Article 1, sec. 10 and the 10th amendment
How many diff local govt are there?
~89,000
Powers that only one level of govt can exercise
Exclusive powers
If national and state can exercise power–
Concurrent power
Where is supremacy clause?
Article 6 in const.
Purpose of federal court system?
Act as umpire.
Resolve conflicts between national and state
Supreme Court recognized the sovereign nature of nation entity (the bank) and inability of state to place it in sunserviemt role, manage or control it.
((Congress has to directly relate implied power to expressed))
McCulloch v Maryland
Supreme Court ruled a state law unconstitutional for first time
Fletcher v. Peck
Republican is thought of as what??
Where?
Representative
Article 4
Something that must be dealt with by congress and president, not the courts
Political question
Where does responsibility for internal disorder lie?
The states, but national govt can help if needed
Under what conditions can Pres. send troops to states w/o governors request?
If national laws are broken or interfered with or if nat’l property is damaged
Only restriction on admission of new states by national govt
New state cannot be made from part of existing state without permission
Two congressional acts in order to become state?
Enabling Act
Act of admission
Directs the people to create state const.
Enabling Act
Created the new states
act of admission
Supreme Court acknowledged Congress’s powers when admitting state, but decision set limits on what congress could require of state once achieving statehood
Coyle v Smith
Founding to civil war
National level primarily foreign policy and national defense
Rest of powers to states
Supreme Court served as umpire
First 100 years - favored interpretation by courts
McCulloch v Maryland - Step forward for federal strength
Dual Federalism
Growth of national involvement w/ previous state issues
Stars have hard time coping w/ new issues in growing nation (industrialization, immigration, urbanization)
ECONOMY
Progressive Federalism
New deal through Eisenhower’s presidency (Roosevelt)
All levels of govt can be involved in issues and programs
State and nation cooperate to deliever services
Cooperative Federalism / Marble Cake Federalism
Nixon emphasis on money and revenue sharing.
Used money as tools
More authoritarian
Congress looks to mandates and coercive grants to achieve objects
New Fiscal Federalism
Bush looks to return more power to states
“Laboratories of Democracy”
Devolution
New Federalism
An agreement between states.
Interstate Compacts
Significant problem to be resolved by Full Faith and Credit Clause?
The weak relationship between states under articles of confederations
Article 4
Reasons for Federal Grants
- Revenue- min $ given to states
- Level playing field - states with lower abilities receive more money (missippj $ > cali $)
- Redistribute $
- Deal w/ national issues w/o increase of federal govt
alotted by formula for statewide matters
Federal govt sets rules for $ to be used
Formula Grant
States have controls over grant and decides how it’s used
Block grant
Recipient has total control but given locally
Project grants
What reasons could/have extradition requests be contested?
Racial/political overtones, death penalty possibilities, custody disputes
Can fed. Govt force gov to extradite?
Yes (Puerto RICO v Branstaf)
Reasonable distinctions making residents of as state and non-residents
Higher college tuition
Residency requirements for voting
Higher fees for fishing and hunting
Declare war Create armed forces Establish foreign policy Regulate interstate and foreign trade Make copyright and patent laws Coin money
National powers (Exclusive)
Raise taxes Provide for public welfare Criminal justice Borrow money Charter banks Build roads
Concurrent powers or both
Establish local govt Schools Regulate trade within stars Conduct electricity Provide public safety
States (reserved) powers
