Chapter 4 notes Flashcards
A true federal system such as that in the United States must have which features?
- a written constitution that divides government powers between the central government and the constituent governments, givings substantial powers to each level of government.
- levels of government, exercising power directly over citizens
- a constitutional distribution of powers that cannot be changed unilaterally by any level of government or by the ordinary process of legislation
true or false: Any official can obtain warrants for local crime.
false; only local officials can obtain warrants for local crimes
Who handled the assassination of JFK, federal law or local law.
Local law enforcement, because at the time it was not a federal crime to assassinate the president.
That which forms and shapes the contet of every government, is the ___________ ___________ or accord by which the government was created.
fundamental settlement
What is the oldest written constitution continuously in force?
The 1789 U.S. Constitution
When it comes to our federal system, the source of its authority is the _______ as oppressed to the states.
people
The constitution denies certain powers to the ________ _________, reserving them for the ______ and the ______.
national government
states
people
Who wrote the Federalist papers and why?
Alexander Hamilton
James Madison
John Jay
They wrote it to encourage New York to ratify the new Constitution.
What happened in the McCulloch vs. Maryland?
The court upheld the implied powers granted to the Congress by the necessary and proper clause of the Constitution.
Upheld the supremacy of the national government in carrying out functions assigned to it by the Constitution.
Established the doctrine of intergovernmental tax immunity.
The most fundamental aspects of the American federal system include the Constitution’s provisions which three areas?
- its creation of a federal system that is, one in which there is both a national government and state governments
- its allocation of certain function to the national government
- its embodiment of certain principles, particularly through the interpretation of the Constitution and the Bill of Rights
What are the three categories of government?
Unitary Government
Federal Government
Confederations
What is Unitary Government?
There are no state governments; all important power lies with the national government.
What is Federal Government?
There is a national government and a number of state governments; power is shared between them.
What is a Confederations government?
Power rests with “sovereign” state governments, and an overarching government has some defined powers.
What are examples of unitary government?
Denmark
France
Japan
New Zealand
What are examples of federal government?
Australia Brazil Canada Germany India Mexico Switzerland United States
What are examples of Confederation government?
European Union
Commonwealth of Independent States
What are the four key advantages that Unitary Government has over a federal system or a confederation?
- National direction is clear; no negotiation of conflict.
- There can be no confusion as to accountability. It is impossible for legislators to pass the buck.
- Duplication of legislatures, bureaucracies, and programs is avoided with significant savings in direct costs
- Issues of fairness in raising and spending money between levels of government simply do not arise.
What are the five key advantages that Federal Government has over the other systems of government?
- a federal system has greater scope for diversity and experimentation in policy
- The need to debate issues rather than enact them instantly may provide a more considered and viable policy outcome.
- a federal system must consider the different ethnic or cultural groupings that may predominate in a particular state and wish to pursue a distinct cultural or social policy
- encourages or demands regional participation in governance
- provides sufficient allowance for the needs of minorities or weaker groups
____________ systems of government are inherently weak as central governments.
Confederate
The _________ ________ was originally a confederate system.
United States
The United States was originally a ____________ system.
confederate
How are Intergovernmental relations like marble-cakes?
The cooperative relations among the varying levels of government result in an intermingling of activities
What is dual federalism?
Two governments covering the same ground yet distinct and separate in their action
What was a form of federalism popular during the Johnson administration from 1963 to 1969, that emphasized that the federal government determined the needs of the states?
creative federalism
What is New Federalism?
a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states.
Who created the idea of New Federalism?
President Richard Nixon
What is New, New Federalism?
an attempt at revenue sharing by Ronald Reagan.
