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Federalism Flashcards

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1
Q

What is Federalism?

A

The division of power between the states and the government

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2
Q

What are the two levels of government?

A

Federal and state
Local is a subunit of state

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3
Q

What are the 3 types of powers?

A
  1. Delegated Powers
  2. Reserved Powers
  3. Concurrent Powers
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4
Q

What is a Delegated Power?

A

A power granted to the national government by the Constiution

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5
Q

What are the three types of delegated powers?

A
  1. Expressed: a power spelled out in so many words in the Constitution – 27
  2. Implied: powers reasonably suggested but not stated specifically in the constitution
    - Also known as the “Necessary and proper clause” or the “Elastic clause”
    - Decided by Supreme Court
  3. Inherent/inherited: powers given to the national government because it is a government of a sovereign state
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6
Q

What is an expressed power?

A

A power spelled out in so many words in the Constitution – 27

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7
Q

What is an Implied power?

A

A power reasonably suggested but not stated specifically in the Constitution
- Also known as the “Necessary and proper clause” or the “Elastic clause”
- Decided by the Supreme Court

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8
Q

What is an inherent/inherited power?

A

A power given to the national government because it isa government of a sovereign state

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9
Q

What is the purpose of the Supremacy clause?

A

It resolves conflicts between the two levels of government by setting up a ladder of laws

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10
Q

What are the 5 rungs of the ladder set up by the Supremacy Clause?

A
  1. United States Constitution
  2. Acts of Congress/National Laws
  3. State Constitutions
  4. State Laws
  5. City/County laws (local)
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11
Q

What acts as the umpire of the Supremacy Clause?

A

Supreme Court

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12
Q

What article of the Constitution lists the obligations the National government has to provide to the states?

A

Article 4

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13
Q

What are the 3 certain obligations the National government to provide to the states?

A
  1. Guarantee states a republican form of government (representatives in national government)
  2. To protect the staes against foreign invasion/domestic violence (Domestic violence includes natural disasters)
  3. Respect every states’ boundaries/borders
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14
Q

What is the 5-step Process of admitting new states?

A
  1. Territory petitions Congress for admission
  2. Enabling Act passed – Congress gives the territory permission to set up a state Constitution
  3. Popular vote (¾ of their population must vote to become a state)
  4. Act of Admission – Congress agrees to grant statehood
  5. President signs into law
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15
Q

What are the two types of Federalism in history?

A

Dual Federalism, Cooperative Federalism

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16
Q

Compare Dual Federalism and Cooperative Federalism

A

Dual Federalism:
Everything was strictly divided between state and national governments: no overlap
States had much more influence than national government

Cooperative Federalism:
National government established social programs to help states with regulation
Made because of great depression
National government becomes larger and larger

17
Q

What are the 4 programs with which the Federal government helps the states under Cooperative Federalism?

A
  1. Federal Grants-in-Aid
  2. FBI assists state and local police
  3. Trains the National Guard for the states
  4. Takes a Census for the states
18
Q

What are (the) 5 things about Federal Grants-in-Aid?

A

a. Started in the 1800s
b. Grants of lands given to the states to start up schools, colleges, and the building of roads
c. Today consists of grants of money for different programs
d. States have to match grants, dollar for dollar
e. 3 types of federal grants

19
Q

What is the difference between grants and loans?

A

You don’t have to pay back grants, you do loans

20
Q

What are the 3 types of federal grants?

A
  1. Categorical grants: used for specific programs
  2. Block grants: used for broad programs
  3. Project grants: used for projects (research)
21
Q

What are the three ways in which the States assist the Federal government?

A
  1. State and local police assist the FBI
  2. States run the naturalization immigration program
  3. States run all national elections
22
Q

What are the 4 programs with which states help eachother?

A
  1. Interstate Compacts:
    - Agreements among 2 or more states/foreign states
  2. Full Faith and Credit:
    - States must recognize the validity of records, documents, and civil court decisions in other states
  3. Extradition:
    - The legal process by which a fugitive from justice in one State is returned by another state
  4. Privileges and Immunities:
    - States cannot draw unreasonable distinctions (discriminations) between their own residents and residents of other states
23
Q

What are Interstate Compacts?

A
  • Agreements among 2 or more states/foreign states
    • Honda/Ohio is an example of a state/foreign state agreement
  • Deal with issues such as:
    • Conservation of resources
    • Fighting forest fires
    • Combat water and air pollution
    • Harbor control
24
Q

What are the two interstate compacts that all 50 states agree on?

A
  • Compact for the Supervision of Parolees and Probationers
  • Compact for Juvenile Delinquents
25
Q

What is the Full Faith and Credit Clause?

A

States must recognize the validity of records, documents, and civil court decisions in other states
- Documents/Records (birth certificates, marriage licenses, property deeds, etc.)
- Civil court decisions (wills, divorce decrees, etc.)

26
Q

What are the two exeptions to the Full Faith and Credit Clause?

A
  1. Quickie divorces
  2. One state does not have to enforce another state’s criminal laws
27
Q

What is Extradition?

A

The legal process by which a fugitive from justice in one State is returned by another state
- States required to send fugitives back to the state where they’re wanted

28
Q

What is the Privileges and Immunities Clause?

A

States cannot draw unreasonable distinctions (discriminations) between their own residents and residents of other states

29
Q

What are some unreasonable distinctions under the Privileges and Immunities Clause? What are some reasonable ones?

A

Unreasonable discriminations:
- Must allow them to buy, own, rent, or sell property, or marry within its borders, make contracts, etc.
Reasonable distinctions (Ways in which a State can discriminate):
- Can’t vote
- Can’t hold public office
- Can’t practice law, medicine, teach, etc. (without state certification)
- Charge more for college tuition/Hunting and fishing licenses, etc.

Government (6 decks)

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