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Federalism Flashcards

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1
Q

devolution

A

effort to devolve national gov functions like welfare and health care to the states

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2
Q

block grants (special revenue sharing) (broad-based aid)

A

money from the national government to the states in certain general areas that the states can use how they want within broad guidelines

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3
Q

initiative

A

voters put legislative measures directly on the ballot

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4
Q

police power

A

State power to enact laws promoting health, safety, and morals

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5
Q

referendum

A

Procedure establishing voters to reject a measure passed by the legislature

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6
Q

recall

A

Procedure whereby voters can remove an elected official from office

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7
Q

dual federalism

A

doctrine holding that the national government is supreme in its sphere, the states are supreme in their, and the two spheres should be kept separate

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8
Q

“necessary and proper clause”

A

section of the Constitution allowing Congress to pass all laws “necessary and proper to its duties, and which has permitted Congress to exercise powers not specfically given to it (enumerated) by the Constitution

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9
Q

Nullification

A

The doctrine that a state can declare null and void a federal law that, in the states opinion, violates the Constitution

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10
Q

Sovereignty

A

Supreme or ultimate political authority: A sovereign government is one that is legally and politically independent of any other

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11
Q

Unitary System

A

one in which sovereignty is wholly in the hands of the natinoal government so that the states and localities are dependent on its will
ex. France, GB, Italy, and Sweden

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12
Q

Federal System

A

One in which sovereignty is shared so that in some matters the national government is supreme and in other matters the states are supreme
ex. US, Canada, Australia, India, Germany, and Switzerland

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13
Q

devolution

A

The effort to transfer responsibility for many public programs and services from the federal government to the states

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14
Q

block grants

A

money from the national government that states can spend within broad guidelines determined by Washington

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15
Q

Confederation (Confederal System)

A

One in which the states are sovereign and the national government is allowed to do only what the the states permit

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16
Q

federal regime

A

one is which local units of government have a specially protected existence and can make some final decisions over governmental activities

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17
Q

McCulloch v. Maryland

A

McCulloch: cashier of the Baltimore branch of US Bank who refused to pay MD tax
Justice Marshall said the US could make a bank becuase of necessary and proper clause
AND
that the states could not tax said bank because to tax is to destroy
Gave fed gov supremacy

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18
Q

Virginia and Kentucky Resolutions

A

Masison and Jefferson support nullification in response to the Alien and Sedition Acts

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19
Q

US v. Morrison

A

Violence Against Women Act overturned in 5-4 decision because it is unconstitutional

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20
Q

US v Lopez

A

Gun Free School Zone Act declared an overreach of the ICC in 1995

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21
Q

Printz v. US

A

In a 5-4 decision, Court invalidated a law that required local police to conduct background checks on all gun purchasers because it violated the tenth amendment

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22
Q

Alden v. Maine

A

11th Amendment

State employees could not sue to force state compliance with federal fair-labor laws

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23
Q

Federal Maritime Commission v South Carolina Ports Authority

A

Court expanded States sovereign immunity from private lawsuits

24
Q

Grants-in-aid

A

Money given by the national government to the states

25
Q

Categorical grants

A

Federal grants for specific purposes, such as building an airport
usually require some sort of local matching, which can be small (highway 90% fed)

26
Q

revenue sharing(general revenue sharing)

A 
Federal sharing of a fixed percentage of its revenue 
more permissive than block grants
no matching requirements 
almost total freedom
ended in 1986
27
Q

conditions of aid

A

Terms set by the national government that states must meet if they are to receive certain federal funds
not really voluntary
most are not specific
states and fed are not on the same page on these
fed: don’t misspend/unity
state: “you do you” policy would be nice

28
Q

Mandates

A

Terms set by the national government that states must meet whether or not they accept federal grants
YOU MUST DO THIS
most concern civil rights and environment
some are easy to understand and implement,
others are vague and difficult and costly to implement
Ex of a mandate: Americans with Disabilities act (unfunded)
fed courts are all for them

29
Q

land-grant colleges

A

state universities built with the proceeds from the sale of land grants

30
Q

Land grants

A

Federal gives land to states

started before Constitution

31
Q

Cash grants-in-aid

A

1808
not prevalent and small in size before 20th century
THEN THEY WERE ALL OVER THE PLACE

32
Q

Why was federal money oh so attractive?

A
  1. It was there (budget surplus in 1880s)
  2. In the 1920s, those dwindled and Wash instituted income tax [bringing in cash[
  3. Federal government managed currency and could print whatever they wanted
  4. Politics [Shooting star next to this one]- federal money seemed like “free” money. Did not have to propose or collect the taxes. Could say “ahh we need lower taxes” and then use fed tax money for public works
33
Q

If one state asks for something, what happens?

A

All the other states pretty much have to get it too

34
Q

What change occurred in the 1960s with regards to grants-in-aid?

A

Goal was no longer state purposes, but national needs. Federal, not state officials were the main proponents

35
Q

Intergovernmental lobby

A

state + local officials
people who depend on fed aid
goal: obtain more money w/less srings

36
Q

Why did block grants grow more slowly than categorical grants?

A

Different political coalitions supporting each
Congress + fed t (specificity)
Since block grants and revenue sharing are so broad, no single interest group has a vital stake in pushing them forward
Categorical ones also have committees, who want to see their cermets grow

37
Q

Why is the census important?

A

Larger cities get more federal money, and governments want their cermets to grow, so they need money. They need formulas to tilt in their favor
THIS CREATES COMPETITION (like Hogwarts but less fun)

38
Q

Aid to Families with dependent children

AFDC

A

welfare from 1935
controversial as it expanded
cut back as part of devolution revolution

39
Q

operational grants

A

type of block grant for purposes such as running state child-care programs

40
Q

capital grants

A

type of block grant for purposes such as building local wastewater treatment plants

41
Q

entitlement grants

A

type of block grant for transferring income to families and individuals

42
Q

devolution revolution effects

A 
second devolution (state--> local) 
and third (increases nonprofits and private groups)
43
Q

What’s Driving devolution?

A
  1. beliefs of devolution’s proponents
  2. realities of defecit policies
  3. the views of most citizens
44
Q

Why do congress people sometimes go against localities?

A

Congress- different constituencies from same localities
(Homeowners v nature lovers or whateva)
Congress members are free agents
some states parties are strong special interest groups more organized/do better than parties
Americans differ in extent to which they like fed and state decisions

45
Q

Pro Bush v Gore

A
  1. safe harbor
  2. 14th Amendment
  3. Lower Court bias
46
Q

Con Bush v Gore

A
  1. Everyone can have their vote counted
  2. SC biased politically
  3. Legitimacy [Who actually won FL?]
  4. Could cause a political crisis
47
Q

City

A

Municipal corporation or municipality that has been chartered by a state to exercise certain defined powers

48
Q

Special-act charter

A

Lists what a specific city can and can not do

49
Q

General-act charter

A

Applies to a number of cities within a certain classification

50
Q

Dillion’s rule

A

The terms of city charters should be interpreted narrowly

51
Q

Home-rule charter

A

Reverse Dillion’s rule and allows a gov to do anything not prohibited by the charter or state laws

52
Q

Ordinances

A

City laws

53
Q

Counties

A

Largest unit between state and city

54
Q

Special-district government or authorities

A

Responsibility for some singular function

55
Q

School districts

A

A type of special-district government

56
Q

Wicker v Filburn

A

Challenge to the agricultual adjustment act of 1938
Stabilize price of wheat on the international market
court unanimously ruled that ability to control prices was part of Congress power under ICC

Gov (13 decks)

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