Federalism Flashcards
What is Federalism?
An ideology that advocates a multi-tiered government combining elements of shared-rule and regional self-rule.
Anti-Federalists
Those who supported a weaker central government (and, subsequently, stronger state governments and states’ rights.)
Prominent Federalists
Alexander Hamilton, John Jay, and James Madison
Federalist Papers
85 essays written by Alexander Hamilton, John Jay, and James Madison encouraging support for the Constitution and a strong central government.
Prominent Anti-Federalists
Thomas Jefferson, Aaron Burr, Patrick Henry, and George Mason.
Tenth Amendment to the Constitution
Rights reserved to the states or to the people: “The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.”
Tenth Amendment Doctrine
Legal cases that use the Tenth Amendment to invalidate congressional laws.
Purpose of the Bill of Rights
To placate anti-Federalists so that they would support the Constitution. To the Federalists, the Bill of Rights “was mostly just a big explanation point.” It did not change anything already written in the Constitution. It effectively just emphasized it for clarity.
Implied Powers
Powers assumed simply because they seem reasonable and aren’t expressly prohibited by the Constitution (think of a teacher who allows students to eat lunch in the classroom. One student brings his lunch and a drink even though the teacher never explicitly said drinks were allowed. It is implied.)
Examples of implied powers that became real powers.
Military draft, hold overseas colonies, and pass laws concerning immigration.
Significance of the Tenth Amendment over the course of the 20th Century
Used in the early part of the 20th Century to resist expansion of `national power. In the middle part of the 20th Century the 10th Amendment diminished in influence when the Supreme Court acquiesced to the New Deal (Social Security, new regulation, worker protections, etc.) and enforcement of racial equality. Since the 1990s the 10th Amendment has seen a resurgence in importance.
New York vs. United States
Supreme Court held that the Tenth Amendment prohibited Congress from enacting a comprehensive plan for the disposal of radioactive waste that required states to assume responsibility for the disposal of waste
within their borders.
Dual Federalism
Clear demarcation of state and federal domains of authority. (enumerated vs reserved powers)
U.S. v. Lopez
1995: Supreme Court found the 1990 Gun-Free School Zones Law unconstitutional for overstepping Congressional authority.
McCulloch v. Maryland
1819: Case involving the National Bank and a tax imposed on it by Maryland. Supreme Court ruled that the U.S. Government had certain implied powers not enumerated by the Constitution and the states could not interfere with those powers because the Federal Government is supreme over the states.
Federalists
Those during the American revolution and after who supported a strong central government.
Federal political system
Descriptive term for non-unitary states such as confederacies or quasi-federations.
Confederacy
System where the central government is accountable to the member states.
Federation
System in which neither the federal nor constituent units of government are subordinate to each other, each has sovereign powers derived from the constitution rather than another level of government, each is directly elected, and each has legislative, executive, and taxing powers.
Five criteria of a Federation
1) at least two tiers of government, 2) some form of agreement between the parts, 3) mechanism for decision making at the federal level (usually bicameral legislature to represent the people and the states), 4) umpire to resolve disputes (Supreme Court), and 5) mechanism to facilitate cooperation where powers overlap.
Is Federalism the same as separation of powers?
No. National and state governments exercise separate powers within their own sphere of influence, not between branches of government.
Cooperative Federalism
Intergovernmental relations in which the national government supports state governments in their efforts to address domestic matters reserved to them.
Centralized Federalism
Intergovernmental relations in which the national government imposes its will on the states.
New Federalism
Devolution
Dual Sovereignty
Separate governing structures with authority over different matters and geographical areas.
Unitary System of Government
One central government is sovereign and creates regional governments to which it delegates some power, but retains ultimate authority. (Found in the majority of countries around the world.)
Confederal System
Central government is subservient to state/regional governments such that the central governing body is not sovereign.
Intergovernmental Relations
The interactions of two or more governments in their efforts to provide goods and services to the public.
List the five levels of government most Americans live under
Federal, state, county, city/town, school district.
Supreme Court Case that established principle of judicial review.
Marbury v Madison
Judicial Review
Authority to determine whether an action of any government operating within the U.S. violates the constitution.
Two kinds of power in the constitution
enumerated and implied
Enumerated powers
Specifically listed
Implied powers
Powers not listed explicitly but that my be interpreted to be necessary to to fufil enumerated powers.
Necessary and Proper Clause of the Constitution
Claused frequently used to expand national powers: Congress shall have the power to “make all Laws which shall be necessary and proper” for carrying out its enumerated powers.
Supremacy Clause
Clause in the Constitutional that states National laws are the supreme laws of the land (unless determined to be unconstitutional by the Supreme Court.)
Where do States not have sovereignty within their own borders.
Native American reservations. Native American tribes are sovereign foreign nations by treaty with the U.S. Government.
Reserved Powers
Powers reserved to the states by the 10th Amendment.
Examples of Powers Reserved for the States
Daily affairs of the people – laws including death, marriage, birth, intrastate business (business within a state’s borders), crime, health, morals, and safety.
Police Powers
States’ reserved powers to protect the health, safety, lives, and property, of citizens within the state.
Percentage of States required to approve new amendments to the Constitution
75%
Supreme Court Cases that expanded national power based on implied powers.
McCulloch v Maryland, Gibbons, and Social Security.
Supreme Court Case rejecting implied powers.
U.S. v. Lopez: Gun-Free School Zones Act of 1990 infringed on police powers of the states.
Horizontal Federalism
state-to-state obligations and intergovernmental relationships.
Interstate
between states.
Intrastate
within a state.
Extradition
Agreements between states to send accused criminals back to a state in which they are charged and from which they have fled. But states can also refuse.
Privileges and Immunities
Constitutional requirement that all states must extend the same rights they offer to their own citizens to all citizens of the U.S. But there can be reasonable transition periods (out of state tuition, residency requirement for voting, etc.)
Full Faith and Credit Clause of the Constitution
Each state must recognize as legally binding the public acts, records, and judicial proceedings of other states.
Judicial Federalism
State courts’ use of state constitutions to determine rights when those rights go beyond the U.S. Constitution.
Conflicted Federalism
Intergovernmental relations that combine dual federalism, cooperative federalism, and centralized federalism.
Federalism and Marijuana
California legalized medicinal use of marijuana. Supreme Court said national drug laws allowed federal authorities to prosecute California citizens for marijuana possession. But then the Supreme Court said doctors couldn’t be prosecuted for prescribing it even though patients could still be prosecuted for smoking it.
Nulification
The theory that states can invalidate national laws (marijuana, for instance.)
14th Amendment
Granted citizenship to slaves and authorized national government to ensure state governments follow fair procedures.
16th Amendment
Authorized national government to collect income tax without apportioning the proceeds among the states based on population.
17th Amendment
Direct election of senators.
Grants in Aid
Fiscal assistance provided to the states by the national government in return for pursuing policy priorities of the national government.
