FEDERALISM Flashcards
What are the three major arguments in favor of federalism?
- prevention of tyranny
- provision for increased participation in politics
- states can be used as testing grounds for federal laws and policies
How are federal laws implemented in states under federalism and why?
Federal laws are implemented variably from state to state due to geography, demographics, and belief systems specific to each area.
What principles does the Supremacy Clause establish?
- hierarchy of power
- supremacy of federal law over conflicting state laws
What are the five categories of power in the federal system?
- exclusive
- implied
- concurrent
- denied
- enumerated
What does Article I Section 8 contain?
the enumerated powers of federal government
1. power to tax
2. provide for common defense and welfare
3. regulate commerce with foreign nations and among states
4. coin and regulate money
5. declare war
What does the Necessary and Proper Clause state, and what is the disagreement on its wording?
The government has the ability to create laws that are necessary to carry out their “foregoing powers”. People argue on whether the the clause applies to only the enumerated powers or to all of the Constitution.
What does Article I Section 9 contain?
the denied powers of federal government
1. granting titles of nobility
2. bill of attainder
What does Article I Section 10 contain?
the denied powers of state governments
1. coining money
2. entering treaties/alliances/confederations
3. bill of attainder
What does the 9th amendment state?
The Bill of Rights does not deny other rights not written in the Constitution.
What does the 10th amendment state?
Powers not delegated solely to the federal government and not explicitly forbidden to have by the states are reserved for the states/people.
What is a major flaw of the 10th amendment?
There are no concrete boundaries for federal powers because they are largely up to interpretation, making it hard to define what power is left to the states
What are powers left over for the states called?
reserve/police powers
What are some guarantees to the states?
- representation in Congress
- no ban to slavery prior to 1808
- privileges and immunities (prevents a state from treating a citizen from another state in a discriminatory manner)
- protection against invasion and domestic violence
What happened in McCulloch v. Maryland, what was SCOTUS’s reasoning and ruling, and why is this case important?
The state bank of Maryland taxed a federal bank established in the state. Because of Congress’s enumerated power to regulate commerce and the Necessary and Proper clause, Congress had the right to establish a federal bank in Maryland. Additionally, because of the Supremacy clause, Maryland could not tax the federal bank. This is the first major case that expanded federal power with the Necessary and Proper clause.
What happened in Gibbons v. Ogden, what was SCOTUS’s reasoning and ruling, and why is this case important?
A state government gave a company a monopoly on Hudson River. The federal government gave another company a monopoly on the same river. Because of the Commerce clause that gives Congress the right to regulate interstate commerce and the Supremacy clause, the federal government was ruled to be in the right. This is the first major case that used the Commerce clause to expand federal power.
What does the 16th amendment do?
gives Congress the right to levy and collect taxes
What does the 17th amendment do?
allows for the direct vote of senators
What was the kind of federalism present prior to the 1930s?
“Layer Cake Federalism” in which federal and state roles were clearly defined
What new forms of federalism emerged during the 1930s and why?
- “Marble Cake Federalism” in which federal and state powers are less distinct from each other
- Cooperative federalism in which both federal and state governments share the same power
These new forms were created under FDR’s New Deal.
What is creative federalism?
the usage of federal grants to get state to enact favorable policies
What happened in South Dakota v. Dole, what was the ruling, and what was a flaw in the ruling?
Congress threatened to withhold 5% of federal funds for highways if South Dakota did not change their drinking age to 19. States had the power to regulate alcohol under the 21st amendment, but SCOTUS ruled in favor of Congress, stating that Congress had the right to withhold a small amount of funds to encourage states to adopt policies. The flaw in this ruling is that SCOTUS did not specify the threshold of funds that Congress is allowed to withhold.
What is New Federalism and under which presidency was it created?
New Federalism cut federal domestic programs and income taxes (primarily for the wealthy while middle and lower income tax payers only had a temporary tax cut). It utilized block grants, which are federal funds used at a state’s discretion for general issues, and was made under Reagan’s presidency.
