Exam 1 Flashcards
What kinds of goods and services do state and local governments provide?
Their primary purpose is to provide services:
Roads
– Sewer and Water Systems
– Food Safety Standards
– Criminal Law
– Law Enforcement and Fire Protection
Comparative Method
Learning approach based on studying the differences and similarities among similar units of analysis like states
Sociodemographics
Characters of a population like size, age, ethnicity. These are dynamic, and differences in populations lead to different cultures
Moralistic Culture
-Views politics and government as means to achieve collective good
Main states of Moralistic Culture?
-Puritans in NE, then migrated west (Maine, Wisconsin, Kansas, California)
Individualistic Culture
-Views politics and government as way to achieve individual goals; act like corporations that provide goods and services
Main states of Individualistic Culture?
New York, Ohio, Illinois, Alaska
Traditionalistic Cultures
-Views politics as means to maintain existing social order
-Only wealthy people expected to participate in politics
Main states of Traditionalistic Cultures?
Deep South states like Georgia, Mississippi, and South Carolina along with Texas and Arizona
Is it better to be a woman in
Maryland or a gal in Mississippi?
Better to be one in Maryland, as it scored the highest in two indexes while Mississippi was last.
-Best 5 states for women were individualistic, worst 5 were traditionalistic
What are the states a laboratory of?
Laboratory of Democracy
-State’s can engage in different policy experiments without interference from the federal government
Devolution
Process of taking power and responsibility away from federal and giving to state and local gov.
How many full-time state and full-time local government employees overall?
3.8 million state
11 million local
What is the spending force of state and local governments combined
Same as federal, $3.5 trillion
How do local governments get power?
Gain power from state government/power above rather than citizens below
Federalism Def
Political system where national and regional governments share powers and are considered independent equals
Unitary System
Where power is held via a central government (relationship between states and local gov)
Confederacy
Voluntary association of independent, sovereign states or governments
-2 confederacies: Articles and Southern
Why Federalism (relates to Articles of Confed) Part 1
Because of the articles:
-Weak central government; could not tax to pay off war debt
-constant threat of debt default
-too much hesitation for a unitary gov (just fought a monarchy)
-Foreign powers posed a threat
Therefore, a new confederacy was rejected
Why Federalism Part 2
Annapolis Convention - Federalists showed up like Hamilton, Jay, Madison and petitioned Congress to rewrite Articles
Shay’s Rebellion - Massachusetts tried to tax farmers more, so they protested
in fall 1876
Representative Gov
Form of government where citizens exercise power indirectly by choosing representatives to vote for them
Federalism Advantages
Flexibility among state laws and institutions
Reduces conflict since states can accommodate citizen interest
Experimentation (laboratory)
Enables achievement of national goals
Federalism Disadvantages
Complexity and Confusion
Can increase conflict when jurisdictional lines are unclear
Duplicates efforts and reduces accountability
Difficult to coordinate (since 1 central gov, 50 states)
Creates inequality in services and policies
Preemption
Process of federal government’s overriding areas regulated by state law
Examples of Preemption
Ex: State gov. using preemption on local gov for regulating gun control and plastic grocery bags
1/2 states preempted minimum wage laws
44 states ban local regulation of Uber and/or Lyft
15 states ban local gov from regulating plastic bags
Enumerated Powers
Grants of authority explicitly by the Constitution
National Supremacy Clause
Constitutional clause that states federal law is priority
Exclusive Powers
Powers given by Constitution solely to the federal government
Concurrent Powers
Powers that both federal and state governments can exercise
Implied Powers
Broad, but undefined, powers given to the federal government bestowed by Constitution
General Welfare Clause
Constitutional Clause gives Congress implied power through authority to provide for “general welfare”
General Welfare Clause Court Case
South Dakota v. Dole (1987) - withholding federal funds over state legal drinking age (19)
Necessary and Proper Clause and the Court Case
Con. clause gives Congress implied power through right to pass all laws considered “necessary and proper” to carry out federal government’s responsibilities as defined by Constitution
McCulloch v. Maryland (1819) - created national bank
Full Faith and Credit Clause
Con. clause requires states to recognize each other’s public records and acts as valid
What were all the cases of the Full Faith and Credit Clause?
1996 Defense of Marriage Act (DOMA)– Defined marriage as being between a man and a woman and allowed states to not recognize same-sex marriages performed in other states
* United States v. Windsor (2013)– Removed the language that marriage had to be between a man and a woman
* Obergefell v. Hodges (2015)– Removed the section of DOMA that allowed states to not recognize same-sex marriages performed in other states and that the fourteenth amendment requires states to license and recognize same-sex marriages
* 2022 Respect for Marriage Act– DOMA is repealed in its entirety and replaced.
Privileges and Immunities Clause
Constitutional clause prohibits states from discriminating against citizens of other states
Article II, Section 1
Charges states with appointing electors - one for each of a state’s U.S. senators and representatives
What is the 10th Amendment?
What are the “reserved powers” for the states?
Are the “reserved powers implied or explicit?
Def - Powers not delegated to the United States by Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Tax, Borrow, Spend
Make and Enforce Laws
Regulate Trade Within State borders
Eminent Domain - power to seize private property for public use
Protect Public Health, Safety, and Morals
14th Amendment
Bill of Rights
Prevents states from depriving individuals rights and privileges of citizenship and requires states to provide due process and equal protection guarantees
First 10 amendments which set limits on power of fed. gov. and list out rights of citizens and states
1st period of Federalism?
Dual Federalism (1789-1933) - State and federal gov have separate and distinct jurisdictions and responsibilities.
Between 2 extremes:
-State-centered Fed - States are basis of federalism and state gov should be more powerful. John Calhoun and States’ Rights Advocates
-National-centered Fed - Nation is basis of federalism; federal gov. should be more powerful. Hamilton and Federalists.
Dual Federalism: What did John Calhoun of South Carolina believe?
Compact Theory:
* The idea that the Constitution represents an agreement among sovereign states to
form a common government.
– Nullification:
* The process of a state’s rejecting a federal law and making it invalid within state
borders.
– Secession:
* The process of a government’s or political jurisdiction’s withdrawal from a
political system or alliance.
Layer Cake
2nd period of Federalism?
Cooperative Federalism (1933-1964) - impossible for state and national gov. to have separate and distinct jurisdictions, so they must work together.
Why the shift?
16th amendment (1913) - National income tax
WW1 and WWII put more emphasis on national government/central power
Great Depression
President FDR and the New Deal
Marble Cake
Grants-in-aid
Cooperative federalism
Cash appropriations given by federal government to the states
3rd Period of Federalism?
Centralized Federalism (1964-1980) - Federal gov should take leading role/lay foundation and the state and local governments help implement the framework.
Lyndon B. Johnson (1963-1969)
Great Society Program - end poverty, reduce crime, abolish inequality, improve environment
Categorical Grants
Fed. grants-in-aid given for specific programs like education
General Revenue Sharing Grants
Grants with few/zero strings attached, states free to spend however
Crosscutting
Crossover
Unfunded
Crosscutting Requirements:
– Constraints that apply to all federal grants.
* Environmental Impact Report
* Crossover Sanctions:
– Federal requirements mandating that grant recipients pass and enforce certain laws or regulations as a condition of receiving funds.
* Unfunded Mandates:
– Feral laws that direct state action but provide no financial support for that action.
4th Period of Federalism
New Federalism (1980-2002) - States should receive more power and authority and less money from fed. gov.
Ronald Reagan (1981-1989)
Converted 57 categorical grants to 9 new block grants
General revenue sharing and 60 categorical grants eliminated
Bill Clinton also support trend of devolution (1993-2001)
Block Grant
Grants given for general policy areas that give states lots of freedom how to spend the money in designated policy area.