Federalism Flashcards

1
Q

Enumerated Powers (Exclusive Powers)

A

Powers that only the national government can exercise. They are explicitly listed in the Constitution.

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2
Q

Reserved Powers

A

Not explicitly granted to the national government by the Constitution, nor reserved for the state governments.
Establishing schools, regulating intrastate commerce, conducting elections

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3
Q

Concurrent Powers

A

Powers shared by both the national and state governments
Taxation, Building Roads, Enforce laws

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4
Q

Revenue Sharing

A

The process by which the federal government allocates a portion of its tax revenues to the state governments with few or no restrictions on how it can be spent.

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5
Q

Revenue Sharing National Government

A

Allows states to meet local needs without federal micromanagement.

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6
Q

Revenue Sharing
State Governments

A

Appreciate the flexibility it offers. They can use funds according to their specific needs.

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7
Q

Block Grants

A

Federal funding provided to states for a broad purpose (e.g., education or health) without detailed federal stipulations on how it should be spent.

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8
Q

Block Grants
National Government

A

Efficient way to support state initiatives without micromanaging specific projects.

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9
Q

Block Grants
State Governments

A

Like the autonomy they provide while still having financial support. Allows states to design and implement programs specific to their needs.

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10
Q

Categorical Grants

A

Federal grants designated for specific projects or purposes, usually requiring the state to match a portion of the funds or meet certain conditions.

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11
Q

Categorical Grants
National Government

A

Prefers these because they retain more control over how states use the funds.

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12
Q

Categorical Grants
State Governments

A

Might not prefer the strings attached but value the financial support for important programs.

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13
Q

Mandates

A

Directives issued by the federal government that states must comply with. They often come without funding (unfunded mandates) or with limited funding, yet states must still adhere to them.

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14
Q

Mandates
National Government

A

Ensures uniformity and adherence to federal standards across states.

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15
Q

Mandates
State Governments

A

Often don’t prefer mandates, especially unfunded ones, as they place burdens without providing adequate resources.

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16
Q

Fourteenth Amendment’s Due Process Clauses:

A

The Due Process Clause prevents states from depriving any person of life, liberty, or property without due process of law.

17
Q

Landmark Case: Brown v. Board of Education (1954)

A

Strengthened the power of the national government to intervene in state matters, especially in ensuring civil rights.

18
Q

Commerce Clause:

A

Grants Congress the power to regulate interstate commerce.

19
Q

Landmark Case: Gibbons v. Ogden (1824)

A

Expanded federal regulatory power over a range of areas previously managed by the states.

20
Q

Necessary & Proper Clause

A

Allows Congress to make laws required for the exercise of its other powers established by the Constitution.

21
Q

Landmark Case: McCulloch v. Maryland (1819)

A

The court ruled that states did not have the power to tax the national bank (and, by extension the federal government)
Reinforced the supremacy clause.
Reinforced the idea of implied powers and strengthened the reach and authority of the federal government.

22
Q

Supremacy Clause

A

Federal law takes precedence over state law when there’s a conflict.

23
Q

Landmark Case: Arizona v. United States (2012)

A

Reaffirmed the precedence of federal law and the limitations of state powers in areas overseen by the federal government.

24
Q

Division of Powers and Access Points

A

Federalism creates multiple avenues for stakeholders.
A point in the policymaking process where ordinary citizens can influence government
While a lobbyist might influence federal legislation, local advocacy groups might have more sway at the state level. Depending on the issue, there might be multiple points of influence, from local city councils to the federal Congress.

25
Q

Constraints due to Concurrent Powers

A

National policymaking isn’t autonomous.
E.g., while the federal government might pass health-related legislation, the state’s role in implementing and managing healthcare can’t be overlooked.
The overlap of concurrent powers means that the national government must often negotiate, collaborate, or even concede to state interests.

26
Q

Confederation

A

When a group of people or nations form an alliance, it is called a confederation, allowing each member to govern itself but agreeing to work together for common causes.

27
Q

United States v Lopez 1995

A

The case arose after a challenge to the Gun -Free Zone Act of 1990, which banned the possession of handguns on school property.
The Court held that the commerce clause did not extend to the regulation of the carrying of handguns. This ruling marked a new phase of federalism,in which the importance of state sovereignty and local control was emphasized.

28
Q

Fourteenth Amendment’s
The Equal Protection Clause

A

ensures that states cannot deny any person within its jurisdiction the equal protection of the laws.

29
Q

Federalism

A

A system where the federal government shares power with the states