Chapter 4: Federalism: Dividing Governmental Power Flashcards
Federalism is
A constitutionally created system of dividing power between the national government and the state government
Each enforces its laws directly on
Their citizen, both pass laws, impose taxes, spend money, and maintain their own courts
Federalism: The Constitution is the
Only legal source of authority for both the national government and the state government
Both the national government and the state governments derive their power directly from
The people
Unitary system
Formal authority rests with the national government and whatever powers are exercised by states, provinces, or subdivisions are given to those government by the national government
Confederation of States
The national government is created by and relies on the subnational governments for its authority, not the people. Ex: European Nation and the United Nations
States are unitary systems. A state government could
Abolish local governments or change their boundaries without their consent
The founders believed a federal system would protect
Liberty, disperse power and encourage policy innovation
To protect liberty, power was divided between the
National government and the states
The Founders sought to construct a system in which governments and government officials would be constrained by
Competition within other governments and another government official. “Ambition must be made to counteract ambition
Dispersing power
In dividing power between the national and state governments, the founders believed dispersed power would guard against tyranny
Encourage policy innovation
The Founders hoped federalism would encourage policy experimentation and innovation
Federalism was intended to create
“Laboratories of democracies” where state experimentation with new solutions to social and economic problems could be conducted
Federalism permits local leaders to
Frustrate national policy to sacrifice national interests for local interests
Federalism permits local and national leaders to avoid responsibility by
Blaming each other when the government acts incompetently
The Constitution originally defined American federalism in terms of:
The powers expressly delegated to the national government plus the powers implied by those that are expressly granted
A) Necessary and Proper Clause
B) National Supremacy Clause
The Necessary and Proper Clause grants Congress the power to
Enact all laws that are “necessary and proper” for carrying out those responsibilities delegated explicitly to it
The N & P Clause allows Congress the power to
Imply it has powers based on those that are specifically delegated to it
The National Supremacy Clause: The Constitution, all federal laws, and all treaties are the
Supreme law of the land and are superior to any state constitution or law, hence, if a state law conflicts with federal law, the federal law shall prevail
The Constitution originally defined American federalism in terms of:
The concurrent power
The concurrent power exercised by
Both states and the national government
A concurrent power is those recognized in
The Constitution as belonging to both the national and state governments
The power reserved to
The states
The Reserved Power Clause
AKA the Tenth Amendment provides
The Tenth Amendment provides that
“The power not delegated to the U.S by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Tenth Amendment allows states to
Generally retain control over property and contract law, criminal law, marriage and divorce, education, highways, and social welfare activities
The Tenth Amendment has declined in
Power in recent years
States’ obligation to each other
The Full Faith and Credit Clause
The Full Faith and Credit Clause requires the state to
Give legal recognition to actions and decisions taken by other states
The Full Faith and Credit Clause ensures that
Contracts, property ownership, insurance, civil judgments, marriages and divorces, among other things, made in one state are recognized in all states
The Defense of Marriage Act (1996) was passed by
Congress allows states to not be forced to recognize marriages between two people of the same sex
The Constitution originally defined American federalism in terms of
The power denied by the Constitution to both the national government and the states government
The Constitutional provisions give the states a role in
The composition of the national government
The federal government has increasingly encroached on
Those activities are traditionally reserved to the states
Through its power to tax and spend for the general welfare, the national government is
Now deeply involved in matters traditionally that were the domain of the state governments
Grant-in-aid
Payment of funds by one level of government to be expended by another level for a specified purpose, usually on a matching funds basis and in accordance with prescribed standards of requirements
Grant in aid: About one-quarter of all state and local government revenues currently come from
Federal grants
Grant-in-aid used for
Diverse programs: to preserve historic building, develop minority-owned businesses
Welfare and Medicaid account for
Two-thirds of the federal aid money
Devolution
Transfering responsibilities from national government to the state government
The 1996 Welfare Reform Act allows
States broad flexibility in fashioning programs to comply with federal mandates allowing recipients to receive welfare for two years at a time and a five-year lifetime limit
Increasingly, Congress has undertaken direct regulation of areas traditionally reserved to
The states restricted state authority to regulate these areas
Federal preemption: The National Supremacy Clause allows
Congress to determine whether or not there is preemption of state laws in a particular policy area by federal laws
Total Preemption
The federal government’s assumption of all regulatory powers in a particular field
Partial Preemption
The federal government’s assumption of some regulatory powers in a particular field, provided that the state law on the same subject is valid if it does not conflict with the federal law in the same area
Standard Partial Preemption
Permit states to regulate activities in a field already held by the federal government as long as state regulatory standards are at least as stringent as those of the federal government
