Chapter 4 - Federalism

Question 1

The division of national INTO levels of government (national, state, local) each with different powers and responsibilities

Answer 1

Federalism or Division of Powers

Question 2

Major strength of federalism?

Answer 2

Ability for States and local govt to handle state and local matters

Question 3

Delegated power to national govt
Stated in Constitution
Ex. Taxation and military powers

Answer 3

Expressed/Enumerated powers

Question 4

Delegated powers of national govt
Not written in the const. but derived from express powers
Ex. Necessary and Proper Clause

Answer 4

Implied Powers

Question 5

Where can Expressed/implied powers be found in Const.?

Answer 5

Article 1, section 8

Question 6

Power delegated to national govt
Not expresssed, but recognized as existing simply bc of nation govt
Ex. Immigration and deportation

Answer 6

Inherent powers

Question 7

Are there expressed, implied and inherent denied powers?

Where are they found?

Answer 7

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

Question 8

Reserved powers are reserved for whom and how? Examples?

Answer 8

The states by the 10th amend.

Ex. Ban obscenity, regulate alcohol, establish schools

Question 9

What major power goes to states

Answer 9

Police power

Question 10

What powers are denied to states?

Where are they?

Answer 10

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

Question 11

How many diff local govt are there?

Answer 11

~89,000

Question 12

Powers that only one level of govt can exercise

Answer 12

Exclusive powers

Question 13

If national and state can exercise power–

Answer 13

Concurrent power

Question 14

Where is supremacy clause?

Answer 14

Article 6 in const.

Question 15

Purpose of federal court system?

Answer 15

Act as umpire.

Resolve conflicts between national and state

Question 16

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))

Answer 16

McCulloch v Maryland

Question 17

Supreme Court ruled a state law unconstitutional for first time

Answer 17

Fletcher v. Peck

Question 18

Republican is thought of as what??

Where?

Answer 18

Representative

Article 4

Question 19

Something that must be dealt with by congress and president, not the courts

Answer 19

Political question

Question 20

Where does responsibility for internal disorder lie?

Answer 20

The states, but national govt can help if needed

Question 21

Under what conditions can Pres. send troops to states w/o governors request?

Answer 21

If national laws are broken or interfered with or if nat’l property is damaged

Question 22

Only restriction on admission of new states by national govt

Answer 22

New state cannot be made from part of existing state without permission

Question 23

Two congressional acts in order to become state?

Answer 23

Enabling Act

Act of admission

Question 24

Directs the people to create state const.

Answer 24

Enabling Act

Question 25

Created the new states

Answer 25

act of admission

Question 26

Supreme Court acknowledged Congress’s powers when admitting state, but decision set limits on what congress could require of state once achieving statehood

Answer 26

Coyle v Smith

Question 27

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

Answer 27

Dual Federalism

Question 28

Growth of national involvement w/ previous state issues
Stars have hard time coping w/ new issues in growing nation (industrialization, immigration, urbanization)
ECONOMY

Answer 28

Progressive Federalism

Question 29

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

Answer 29

Cooperative Federalism / Marble Cake Federalism

Question 30

Nixon emphasis on money and revenue sharing.
Used money as tools
More authoritarian
Congress looks to mandates and coercive grants to achieve objects

Answer 30

New Fiscal Federalism

Question 31

Bush looks to return more power to states
“Laboratories of Democracy”
Devolution

Answer 31

New Federalism

Question 32

An agreement between states.

Answer 32

Interstate Compacts

Question 33

Significant problem to be resolved by Full Faith and Credit Clause?

Answer 33

The weak relationship between states under articles of confederations
Article 4

Question 34

Reasons for Federal Grants

Answer 34

1. Revenue- min $ given to states
2. Level playing field - states with lower abilities receive more money (missippj $ > cali $)
3. Redistribute $
4. Deal w/ national issues w/o increase of federal govt

Question 35

alotted by formula for statewide matters

Federal govt sets rules for $ to be used

Answer 35

Formula Grant

Question 36

States have controls over grant and decides how it’s used

Answer 36

Block grant

Question 37

Recipient has total control but given locally

Answer 37

Project grants

Question 38

What reasons could/have extradition requests be contested?

Answer 38

Racial/political overtones, death penalty possibilities, custody disputes

Question 39

Can fed. Govt force gov to extradite?

Answer 39

Yes (Puerto RICO v Branstaf)

Question 40

Reasonable distinctions making residents of as state and non-residents

Answer 40

Higher college tuition
Residency requirements for voting
Higher fees for fishing and hunting

Question 41

Declare war 
Create armed forces
Establish foreign policy 
Regulate interstate and foreign trade
Make copyright and patent laws
Coin money

Answer 41

National powers (Exclusive)

Question 42

Raise taxes 
Provide for public welfare
Criminal justice 
Borrow money
Charter banks
Build roads

Answer 42

Concurrent powers or both

Question 43

Establish local govt
Schools
Regulate trade within stars
Conduct electricity
Provide public safety

Answer 43

States (reserved) powers