Federalism Flashcards
devolution
effort to devolve national gov functions like welfare and health care to the states
block grants (special revenue sharing) (broad-based aid)
money from the national government to the states in certain general areas that the states can use how they want within broad guidelines
initiative
voters put legislative measures directly on the ballot
police power
State power to enact laws promoting health, safety, and morals
referendum
Procedure establishing voters to reject a measure passed by the legislature
recall
Procedure whereby voters can remove an elected official from office
dual federalism
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
“necessary and proper clause”
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
Nullification
The doctrine that a state can declare null and void a federal law that, in the states opinion, violates the Constitution
Sovereignty
Supreme or ultimate political authority: A sovereign government is one that is legally and politically independent of any other
Unitary System
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
Federal System
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
devolution
The effort to transfer responsibility for many public programs and services from the federal government to the states
block grants
money from the national government that states can spend within broad guidelines determined by Washington
Confederation (Confederal System)
One in which the states are sovereign and the national government is allowed to do only what the the states permit
federal regime
one is which local units of government have a specially protected existence and can make some final decisions over governmental activities
McCulloch v. Maryland
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
Virginia and Kentucky Resolutions
Masison and Jefferson support nullification in response to the Alien and Sedition Acts
US v. Morrison
Violence Against Women Act overturned in 5-4 decision because it is unconstitutional
US v Lopez
Gun Free School Zone Act declared an overreach of the ICC in 1995
Printz v. US
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
Alden v. Maine
11th Amendment
State employees could not sue to force state compliance with federal fair-labor laws
Federal Maritime Commission v South Carolina Ports Authority
Court expanded States sovereign immunity from private lawsuits
Grants-in-aid
Money given by the national government to the states
Categorical grants
Federal grants for specific purposes, such as building an airport
usually require some sort of local matching, which can be small (highway 90% fed)
revenue sharing(general revenue sharing)
Federal sharing of a fixed percentage of its revenue more permissive than block grants no matching requirements almost total freedom ended in 1986
conditions of aid
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
Mandates
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
land-grant colleges
state universities built with the proceeds from the sale of land grants
Land grants
Federal gives land to states
started before Constitution
Cash grants-in-aid
1808
not prevalent and small in size before 20th century
THEN THEY WERE ALL OVER THE PLACE
Why was federal money oh so attractive?
- It was there (budget surplus in 1880s)
- In the 1920s, those dwindled and Wash instituted income tax [bringing in cash[
- Federal government managed currency and could print whatever they wanted
- 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
If one state asks for something, what happens?
All the other states pretty much have to get it too
What change occurred in the 1960s with regards to grants-in-aid?
Goal was no longer state purposes, but national needs. Federal, not state officials were the main proponents
Intergovernmental lobby
state + local officials
people who depend on fed aid
goal: obtain more money w/less srings
Why did block grants grow more slowly than categorical grants?
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
Why is the census important?
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)
Aid to Families with dependent children
AFDC
welfare from 1935
controversial as it expanded
cut back as part of devolution revolution
operational grants
type of block grant for purposes such as running state child-care programs
capital grants
type of block grant for purposes such as building local wastewater treatment plants
entitlement grants
type of block grant for transferring income to families and individuals
devolution revolution effects
second devolution (state--> local) and third (increases nonprofits and private groups)
What’s Driving devolution?
- beliefs of devolution’s proponents
- realities of defecit policies
- the views of most citizens
Why do congress people sometimes go against localities?
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
Pro Bush v Gore
- safe harbor
- 14th Amendment
- Lower Court bias
Con Bush v Gore
- Everyone can have their vote counted
- SC biased politically
- Legitimacy [Who actually won FL?]
- Could cause a political crisis
City
Municipal corporation or municipality that has been chartered by a state to exercise certain defined powers
Special-act charter
Lists what a specific city can and can not do
General-act charter
Applies to a number of cities within a certain classification
Dillion’s rule
The terms of city charters should be interpreted narrowly
Home-rule charter
Reverse Dillion’s rule and allows a gov to do anything not prohibited by the charter or state laws
Ordinances
City laws
Counties
Largest unit between state and city
Special-district government or authorities
Responsibility for some singular function
School districts
A type of special-district government
Wicker v Filburn
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
