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Federalism Flashcards

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1
Q

Federalism

A

a “division of powers” between the federal and state government.

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2
Q

Dual system of gov

A

2 levels, federal and state

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3
Q

Major strength

A

allows for local action for local concerns and national action for national concerns!

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4
Q

subunits

A

Local government are “subunits” of the State government

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5
Q

what are the types of Powers

A

Delegated, reserved and concurrent

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6
Q

supremacy clause

A

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

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7
Q

ladder or laws

A

United States Constitution
Acts of Congress/National laws
State Constitutions
State Laws
City/County laws (local)

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8
Q

supreme court

A

acts as the “umpire” of the Supremacy Clause
Makes rulings and final decisions!

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9
Q

The National Government’s obligations to the States

A

1) Guarantee states a republican form of government: (Representative)
2) Protect states against foreign invasion and domestic violence: (Make war/Keep peace)
(Attack from other countries/terrorism, and riots at home and natural disasters)
3) Respect territorial integrity of states: (Recognize states boundaries)

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10
Q

in what article is based the obligations of the national gov to the states?

A

article IV

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11
Q

who holds the power to admit new states?

A

Congress

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12
Q

procedure of admitting a new state

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 (people vote)
  4. Act of Admission- Congress agrees to grant statehood
  5. President signs into law
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13
Q

Two types of Federalism- in our history

A

Dual Federalism:
Cooperative Federalism

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14
Q

how the Federal government helps the states:

A

a. federal grants-in-aid
b. FBI assists state and local police
c. Trains the National Guard for the states
d. Takes a Census for the states

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15
Q

Types of Federal Grants

A

Categorical grants
Block grants
Project Grants

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16
Q

types of delegated powers

A

expressed, implied and inherent

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17
Q

expressed delegated power

A

spelled out in so many words in the Constitution- 27 powers. examples: lay and collect taxes, coin money, and declare war, etc.

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18
Q

implied delegated power

A

powers reasonably suggested, but not stated in the Constitution, also known as the “necessary and proper clause” or “elastic clause”
-there are thousand of these!

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19
Q

inherent delegated power

A

powers given to the national government because it is a government of a sovereign state- (inherited)
-few in power

20
Q

reserved powers

A

Power of the 50 states:
those powers that the Constitution does not grant to the national government

21
Q

concurrent powers

A

powers that both the stated and National Government share

22
Q

dual federalism

A

1788-1937
Government power was strictly divided by the states and national government-
*National government was small!

23
Q

cooperative federalism

A

1937- today
Established social programs to assist states with regulation-
*National government became very large!

24
Q

what type of federalism we use today?

A

cooperative

25
Q

what event make the us to be a cooperative federalism?

A

great depression

26
Q

what grants did the federal gov give in the 1800’s?

A

land

27
Q

what grants do the federal gov give today?

A

money

28
Q

for what programs are used the grants of money from the feral gov?

A

Education
Mass transit
Highway Construction
Health care

29
Q

categorical grants

A

used for specific purpose/programs such as college tuition, school lunch, water treatment, etc.

30
Q

block grants

A

used for large broad programs such as welfare and Medic-care aid

31
Q

project grants

A

used for projects such as medical research (cancer/aids) - Given to private and government agencies

32
Q

how do states help the federal gov?

A

State and local police assist the FBI
States run the naturalization immigrant program
States run all national elections

33
Q

what are interstate relations and how many programs are?

A

Ways in which states help each other- (4 programs)

34
Q

what are the interstate relations programs?

A

Interstate compacts
full-faith and credit
extradition
privileges and immunities

35
Q

between where are the interstate compacts mostly do?

A

most between states and foreign countries

36
Q

what are interstate compacts?

A

Agreements among 2 or more states/foreign states

37
Q

what issues interstate compacts deal?

A

Conservation of resources (water, oil, wildlife, etc)
Fighting forest fires
Combat water/air pollution
Harbor control

38
Q

in what 2 interstate compacts have all the 50 joined?

A

-Compact for the Supervision of Parolees and Probationers
-Compact on Juveniles Delinquents

39
Q

in what is based full-faith and credit?

A

States must recognize the validity of records, documents, and civil court decisions in other states (all have to be recognize)

40
Q

what are the things that states must recognize under the full-faith and credit program?

A

-Documents/Records (birth certificates, marriage licenses, property deeds, etc)
-Civil court decisions (wills, divorce decree, etc)

41
Q

which are the 2 exceptions that are allowed in the full-faith and credit program?

A

-Quickie divorces: (Williams v. North Carolina)
-One state does not enforce another state’s criminal laws

42
Q

what’s extradition?

A

The legal process by which a fugitive from justice in one State is returned by another state

43
Q

what does the extradition prevents?

A

Prevents fugitive from escaping justice!

44
Q

what the program privileges and immunities says?

A

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

45
Q

what must the privileges and immunities program allow?

A

Must allow them to buy, own, rent, or sell property, or marry within it borders, make contracts, etc.

46
Q

what are the reasonable distinctions

A

ways in which a state can discriminate

47
Q

mention the reasonable distinctions under the privileges and immunities program

A

Can’t vote
Can’t hold
Can’t practice law, medicine, teach, etc. (without state certification)
Charge more for college tuition/Hunting and fishing licenses, etc.

us government (1 decks)

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