Federalism Flashcards
Major strength of Federalism
allows for local action for local concerns and national action for national concerns
Delegated Powers
powers granted to the national government by the constitution
Our government is a government of…
Delegated powers
3 types of delegated powers
Expressed
implied
Inherent
Expressed delegated powers:
spelled out in so many words in the constitution – 27 powers
Examples: lay and collect taxes, coin money, and declare war, etc.
Implied delegated powers:
powers reasonably suggested, but not stated in the Constitution –
Also known as the “necessary and proper clause” or “elastic clause” –
There are thousands
Examples: labor-management relations, building of hydroelectric dams, and the building of the interstate highway system, etc.
Inherent delegated powers
powers given to the national government because it is a government of a sovereign state – (inherited)
Few in number
Examples: regulate immigration, to acquire territory, and grant diplomatic recognition, etc.
2 types of powers to the 50 states:
Reserved
Concurrent
Reserved Powers:
Those powers that the constitution does not grant to the national government are reserved to the states.
Examples: establish public schools, licenses, speed limits, police dept. Etc.
Concurrent Powers:
Powers that both the states and national government share
Examples: lay and collect taxes, setting up courts, and to define crimes/punishments, etc
Supremacy Clause:
resolves conflicts between the two levels of government by setting up a “ladder of laws”
Ladder of Laws:
Top rung:
U.S. Constitution
Acts of Congress/National laws
State Constitutions
State Laws
City/County/Local laws
acts as the umpire of the supremacy clause:
Makes rulings and all final decisions
The supreme court
The National government’s obligations to the States (required) - Article IV (3)
- Guarantee states a republican form of government” (representative)
- Protects states against foreign invasion and domestic violence: (make war/keep peace) (Attacks from other countries/terrorism, and riots at home and natural disasters)
- respect all state’s territorial integrity: (recognize states boundaries)
Procedure for admitting a new state: 5 steps
- The territory petitions Congress for admission
- Enabling Act passed – Congress gives the territory permission to write a state constitution
- Popular vote (people in the territory vote, do you want to become a state? Must be ¾ majority)
- Act of Admission – Congress agrees to grant statehood
- President signs it into law
Two types of Federalism in our history:
Dual Federalism
Cooperative Federalism
Dual Federalism:
Government power was strictly divided by the states and national government – National government was very small
Cooperative Federalism:
Established social programs to assist states with regulation – National government became very large
1st federal government program to help the states
1st: Federal grants in-aid
Federal grants in-aid
it was grants of land to start up schools/colleges and roads. (Provides over 250 billion dollars of aid per year)
Today the Federal Grants in-aid consists of grants of money for different programs such as:
Education, Mass transit, highway construction, health care, etc.
Types of federal grants: 3
Categorical grants
Block grants
Project grants
Categorical grants:
money given for a specific purpose/programs such as college tuition, school lunch, water treatment, etc.
Block grants
used for large broad programs such as welfare and medicare/aid
Project grants:
Used for projects such as medical research (cancer/aids) – given to private and government agencies
2nd federal government program to help the states
FBI assists state and local police
3rd federal government program to help the states
Trains the National Guard for the states
4th federal government program to help the states
takes a census for the states
How do states assist the federal government? (3 programs)
- State and local police help the FBI
- States run the naturalization immigrant program
- States run all national elections
Ways in which states help each other (4 programs)
- interstate compacts
- Full faith and credit
- Extradition
- Privileges and Immunities
Interstate compacts: (What is it and deals with what 4 issues)
- Agreements among 2 or more states/foreign states
- Deals with issues such as:
- Conservation of resources (water, oil, wildfire)
- Fighting forest fires
- Combat water/air pollution
- Harbor Control
All 50 states have joined in what 2 interstate compacts:
- Compact for the supervision of parolees and probationers
- Compact on juvenile delinquents
Full faith and credit:
States must recognize the validity of records, documents, and civil court decisions in other states
2 exceptions to Full Faith and Credit
- Quickie Divorces
- One state does not enforce another state’s criminal laws
Extradition
The legal process by which a fugitive from justice in one state is returned by another state
- Prevents fugitives from escaping justice
Privileges and immunities
States cannot draw unreasonable distinctions (discrimination) between their own residents and residents of other states.
Must allow them to buy, own, rent, or sell property, or marry within its borders, make contracts, etc.
Reasonable distinctions: (4 ways in which a state can discriminate)
- Cant vote
- Cant hold public office
- Cant practice law, medicine, teach etc (without state certification)
- Charge more for college tuition/hunting and fishing licenses, etc.
