CHAPTER 5: FEDERALISM Flashcards
What is the key feature of a confederacy? How does this feature contrast with federalism and unitary national government?
o They claim authority over governments, not individuals.
o Federalisms have authority over smaller government and individuals
o Unitary has authority over everyone.
What are the key differences between a federal system and a unitary national government?
The main difference between Unitary Government and Federal Government is that a unitary government is a single system of government where the central government has all the powers, whereas, a federal government is a dual system of government where the powers are divided between the national government and the local governments.
What does “reserved power” entail in terms of state authority in the U.S. federal system?
Areas of public policy which only state government have authority over
How does Article IV, Section 3 of the U.S. Constitution protect the territorial independence of states? Why does this render the United States a federal system rather than a unitary national government
Makes it clear that no current states’ geographic boundaries can be altered without the consent of the state’s legislature. This constitutional protection for territorial independence is another reason the US is not unitary
Be sure to know and understand the arguments made by pro-unionists. Why do they see a united country as better than a disunited country?
When they are united, we are able to relate better, less violence and non-cooperation
Be sure to understand these five arguments made by proponents of the greater national government
o Preserving the Union
Acts as a basis and guarantor of peace, prosperity, and cooperation.
Prevents states from becoming too independent or powerful.
Be sure to understand these five arguments made by proponents of the greater national government
o Reducing Compliance Costs Through Standardization and Uniformity of Rules
Wouldn’t have to pay customs fees every time going to a different state.
Businesses could be able to expand their business to other states
Reduce opportunity cost
Be sure to understand these five arguments made by proponents of the greater national government
o Providing National Public Goods and Reducing Negative Externalities
More likely to provide nationwide public goods. States are more limited/ selfish in their motives to overcome the temptation to free ride.
Be sure to understand these five arguments made by proponents of the greater national government
o Preventing Races to the Bottom
More likely to uphold higher standards than states in regulating large corporations.
Define Race to the bottom:
When economic competition between states enables them to enact socially suboptimal regulations to attract/ retain large businesses and the jobs they provide.
Be sure to understand these five arguments made by proponents of a greater state government authority.
o Protecting Liberty
Unitary is more likely to become oppressive and can’t effectively control local law enforcement.
Without state governments serving as a check on the national government’s power, the national government will dominate the people and strip them of their power.
Be sure to understand these five arguments made by proponents of a greater state government authority.
o Representing the Diversity of Local Community Values and Interests
Since there is much diversity in values and interests throughout the country, it can be better to allow decisions to be made at the most local level possible.
Be sure to understand these five arguments made by proponents of a greater state government authority.
o Benefiting from “Foot Voting”
If people don’t like the policies of their region, they can vote by moving to different regions where they find the policies more acceptable.
serves as a deterrent from governments enacting unjust/ inefficient laws.
Be sure to understand these five arguments made by proponents of a greater state government authority.
o Learning from Policy Experimentation (“Laboratories of Democracy”)
Federalism allows states to conduct their own policy experiments and this allows everyone to learn what works best and what does not.
It promotes progress toward better approaches to public policy by allowing us to learn from the state “labs of dem”
Be sure to understand these five arguments made by proponents of a greater state government authority.
o Fostering Democratic Citizenship
Increases the number of opportunities for citizens to participate in democratic government and practice/ develop the skills, habits, and dispositions essential for democratic citizenship.
What is judicial review?
The authority of the Supreme Court to strike down unconstitutional laws made by the government.
Why has judicial review been important for the development of federalism over time?
The constitutional rules that define federalism in the US can normally be found either in the text of the US Constitution or in Supreme Court decisions.
Make sure to know and understand how the Article VI Supremacy Clause and the Tenth Amendment helps to define American federalism.
o Supremacy Clause: Establishes that all federal laws–including those of the US Constitution, congressional statutes, executive order, and treaties–are supreme over state and local laws.
What are the two important principles found in the Tenth Amendment?
o 1) The authority of the federal government is limited to only those legal powers that are delegated to it by the US constitution (limited sphere of authority).
o 2) Unless the US Constitution– or a state’s constitution– prohibits a state from exercising a particular power, then the state is presumed to have that power
What do these terms—enumerated powers and implied powers—mean?
Enumerated Powers- Specific powers explicitly granted to Congress are found in Article I, Section 8 of the Constitution.
Implied Powers- Powers implied by the text of the constitution to Congress.
Where in the Constitution are most of Congress’ enumerated powers listed?
Constitution
What is the Necessary and Proper Clause?
The Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. (Implied powers)
What are “amendment-enforcing provisions”? How are the sources of implied powers?
o Provisions of 6 amendments (13, 14, 15, 19, 23, 26) that grant Congress authority to enforce the rights guaranteed by the amendments.
o They are the major source of implied powers with Necessary and Proper Clause.
Generally speaking, across American history, has the power and authority of the national government over state governments increased or decreased?
The national government’s power has increased while the state’s governments have decreased
Since 1937, the Supreme Court has applied the “substantial effects doctrine” for interpreting the Commerce Clause. This has greatly expanded the federal government’s authority to regulate the economy and society more broadly. What is this doctrine?
Substantial effects doctrine allows for the federal government to regulate any economic activity that has a substantial effect on interstate commerce
What was the “Great Society”? Which president proposed it?
Lyndon B. Johnson proposed the Great Society which was program to fight poverty and promote equality and better Medicare
What is meant by “grants-in-aid”?
grants-in-aid are grants in the form of money or land provided by the federal government to state/local gov on the condition that the funds be used for purposes defended by the federal government
What are categorical grants?
Categorical grant (type of grant-in-aid) that provides relatively strict rules on how state/local gov can spend money
Be sure to know and understand the differences between cooperative federalism and dual federalism.
o Cooperative federalism (marble cake) federal and state gov cooperate their roles/ functions are intertwined
o Dual federalism (layer cake) federal and state gov is separate in the division of authority
What are block grants?
Lock grants are a federal grant-in-aid that specifies a purpose but gives state/local gov freedom on how to spend the money
And what is meant by “devolution”?
Devolution is the process of federal gov returning functions and powers to state and local government
How are these terms related to Richard Nixon and the conservative backlash against the liberal federalism of FDR and LBJ?
The believed government wouldn’t properly secure rights properly
What is principled federalism? According to the textbook, is either political party committed to principled federalism today?
Principled federalists refer to a particular allocation of authority between national and state government that one consistently adheres to even if one dislikes the policy outcomes that will likely result from that allocation
