Federalism

Question 1

federalism

Answer 1

powers are shared between the state and federal government

Question 2

bill of rights

Answer 2

compromise between the federalists and anti federalists

Question 3

circuit court decisions

Answer 3

controls multiple states, decisions get made multiple states at once

Question 4

circuit court conflict

Answer 4

many circuit courts make the same decision, and if one makes an opposing ruling, the supreme court gets involved

Question 5

where is federalism mentioned in the constitution?

Answer 5

supremacy clause (article 6)
enumerated powers (article 1, section 8)
necessary and proper clause
reserve powers (10th amendment)

Question 6

dual federalism

Answer 6

states have specific powers, and the federal government has specific powers, and the federal government cannot stretch too much past the enumerated powers

Question 7

cooperative federalism

Answer 7

the federal government and the state government share some powers, and the federal government has a lot of stretch via the necessary and proper clause

Question 8

mccullough v. maryland
what did it do?
cooperative or dual federalism?

Answer 8

said that it was constitutional for the federal government to establish a national bank and said that the state could not overly tax it. example of cooperative federalism

Question 9

champion v ames (1903)
what did it do?
cooperative or dual federalism?

Answer 9

congress passes a law that makes it illegal to take lottery tickets across state lines, argued that it was an exercise of police powers, and congress didn’t have the authority to do it. supreme court ruled that congress what just helping states, cooperative federalism

Question 10

lochner v. NY (1905)

Answer 10

bakers wanted to work less, state gov. made a labor law, bakery owners went to the supreme court and said that it infringed on the freedom of contract, supreme court ruled that no one should be able to regulate labor laws, dual federalism

Question 11

hammer v. dagenhart (1918)

Answer 11

congress passed a welfare act saying that goods made with child labor can’t be sold across states, guy argued it was an unjust use of police power, supreme court strikes down the welfare act, saying interstate commerce doesn’t stretch that far, dual federalism

Question 12

the new deal

Answer 12

fdr went public with an idea that they would add 1 supreme court justice for every justice over 70, switch in time that saved 9, one justice switched to cooperative federalism, so far didn’t have to pack the court

Question 13

katzenback v. mcclung

Answer 13

ollie said that desegregation was an overreach, supreme court ruled that it was in face interstate commerce and the federal government did have the power, dual federalism

Question 14

nationalization

Answer 14

new deal and great society programs

Question 15

preemption

Answer 15

federal laws that provide for the nations governments authority to control particular types of public policy

Question 16

carrots and sticks

Answer 16

aka bribes and punishments

Question 17

carrots

Answer 17

grants in aid, categorical grants, block grants, revenue sharing: basically money

Question 18

sticks

Answer 18

punishments: unfunded mandates, direct orders

Question 19

carrots and sticks combined

Answer 19

cross-cutting requirements, crossover sanctions

Question 20

devolution

Answer 20

shifting political power from the national level back to the states

Question 21

US v. Lopez

Answer 21

federal gov passes the gun free schools act, scotus ruled that the supreme court couldn’t do that, first time the supreme court pushed back against congress since the new deal

Question 22

sovereignty

Answer 22

independent political authority, federalist system also allows geographically concentrated groups to wield more power than they can in a central system

Question 23

eminent domain

Answer 23

the right of the government to take private property for public use, with reasonable compensation provided to the owner

Question 24

concurrent powers

Answer 24

authorities possessed by both the state and national governments, such as the power to levy taxes, establish banks, etc.

Question 25

full faith and credit clause

Answer 25

provision in article IV, section I of the constitution that requires each state to honor the governmental actions and judicial decisions that take place in another state

Question 26

comity clause

Answer 26

found in article IV, section II, prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner, also regulates criminal justice among the states by requiring states to return fugitives

Question 27

home rule

Answer 27

a guarantee of noninterference in various areas of local affairs

Question 28

commerce clause

Answer 28

found in article I section VIII, gives congress the power to regulate commerce with foreign nations, and among the states and native tribes

Question 29

grants-in-aid

Answer 29

funds given by congress to state and local governments on the condition that they can be used for a specific purpose

Question 30

categorical grants of aid

Answer 30

funds given to states and localities by congress that are earmarked by law for specific policy categories, such a education or crime prevention

Question 31

project grants

Answer 31

grants-in-aid for which state and local governments submit proposals to federal agencies, which provide funding for them on a competitive basis

Question 32

formula grants

Answer 32

grants-in-aid for which a formula is used to determine the amount of federal funds a state or local government will recieve

Question 33

regulated federalism

Answer 33

a form of federalism in which congress imposed legislation on state and local governments that requires them to meet national standards

Question 34

unfunded mandates

Answer 34

national standards or programs imposed on state governments by the federal government without accompanying funding or reimbursement

Question 35

block grants

Answer 35

federal funds given to state governments to pay for goods, services, or programs, with relatively few restrictions on how the funds may be spent

Question 36

states’ rights

Answer 36

principle that states should oppose the increasing authority of the national government

Question 37

state sovereign immunity

Answer 37

legal doctrine holding states cannot be sued for violating an act of congress

Question 38

legislative supremacy

Answer 38

the preeminent position within the National government that the constitution assigns to congress

Question 39

divided government

Answer 39

condition in American government in which one party controls the presidency, while the opposing party controls one or both houses of congress

Question 40

executive privilege

Answer 40

claim that confidential communications between a president and close advisers should not be revealed without the presidents consent