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Poli Sci > Federalism > Flashcards

Federalism Flashcards

1
Q

Federalism

A

I. Division of powers
II. Supremacy Clause
III. McCullough vs Maryland

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2
Q

Rationale

A
  • Further divides power
  • allows for regional differences
  • allows for state experimentation (Romney-Care to Obama-Care) Marijuana legalization laws
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3
Q

Example of regional differences

A

American regional accents

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4
Q

Division of powers

A

For the national government

  • delegated powers
  • Reserved powers
  • Concurrent powers
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5
Q

Enumerated/ Expressed Powers

A

written in the constitution (can find where a specific power is located)

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6
Q

Implied Powers

A

suggested by const. (read between lines)

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7
Q

types of Delegated powers

A
  • enumerated/ expressed powers
  • implied powers
  • inherent powers
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8
Q

inherent powers

A

necessary for any national gov (regulating borders)

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9
Q

reserved powers

A

for the state government

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10
Q

Concurrent powers

A

overlapping powers (belong to federal and states)

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11
Q

powers of federal government only

A
  • coin money
  • regulate commerce (federal gov can tax business across states)
  • raise a military
  • declare war
  • fix weights and measures (metric system)
  • Grant copyright and patents
  • make treaties (states making treaties with each other)
  • make laws which are necessary and proper
  • regulate immigration
  • regulate territory
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12
Q

powers of both federal and state government (concurrent)

A
  • Lay and collect taxes
  • Borrow money
  • Establish courts
  • Define crimes
  • Establish a police force
  • Protect borders
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13
Q

powers of state government only

A
  • Set marriage laws
  • Issue licenses
  • Establish schools
  • Enact land use laws
  • Regulate utilities
  • Protect and promote health, morals, safety, and welfare
  • Any powers not granted to the national government
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14
Q

Supremacy Clause

A

Article VI Section 2

  • if there is a conflict between powers or laws, the US Const. is the “supreme law of the land”
  • Significance: national laws outweigh state laws
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15
Q

flow chart of laws

A

City and country law-> State statues (laws) -> State Constitutions -> Acts of Congress -> United States Constitution
- If there is a conflict between a lower law and a higher law, the higher law wins

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16
Q

McCullough VS Maryland

A

1819

  • unanimous decision (9-0)
  • congress created the 2nd US bank, states didn’t like this because banking is a local thing
  • fear of federal bank ovethrowing all other banks
  • Maryland put a fine on the bank
  • McCullough sued the state of Maryland, Maryland said that congress was abusing its power by creating a bank
  • Court must declare if Acts of Congress are within their Constitutional Powers
    = If they are, they reign supreme
    = If not, they’re unconstitutional and state law overrules
    = reinforced supremacy clause
    = strengthened implied powers
17
Q

Dual federalism

A

gov power was divided between states and national government
- 1789-1930’s
not many interaction between states and federal gov

18
Q

block grants

A

gov gives states money to build infrastructure (ex: roads)

  • allows states to decide what to do with the money they are given
  • Money for broadly defined purposes ex: healthcare or welfare
19
Q

regulated federalism

A

gov sets up rules for states to follow,

20
Q

unfunded mandate

A

states must follow laws, without the gov giving them money

21
Q

how has federalism changed over history

A

in 1780’s they were very divided and didn’t do much (went to war, delivered money, made sure states got along)

  • great depression: states were falling apart and needed help
  • No longer had separation, money was given to states to give to citizens, build jobs, ect
22
Q

cooperative federalism

A

1930’s- present

many interactions between national government and state government

23
Q

marble cake federalism

A

is based on a pragmatic mixing of authority of programs between national and state and local government

24
Q

layer cake federalism

A

based on a clear delineation of authority and programs among the levels of government

25
Q

types of grants

A

categorical

block

26
Q

categorical grants

A

federal money with “strings attached”

27
Q

project grants

A

money granted for certain projects ex: building hospitals or infrastructure

28
Q

new federalism

A

process of devolution- transferring power back to the states

- started with nixon and reagan, but has faded in recent years

29
Q

interstate relations

A

how states relate and get along with one another

30
Q

full faith and credit clause

A

states should recognize public acts, records, and judicial proceedings of every other state
- includes laws, birth certificates, driver/ marriage licenses

31
Q

extradition

A

fugitives of serious crimes (treason or felonies) should be returned to the state with jurisdiction

32
Q

privileges and immunities clause

A

no state can draw unreasonable distinctions between its own residents and people from other states
- must allow citizens to buy, own, rent, marry, etc

33
Q

devolution

A

transferring power back to states

34
Q

block grants

A

money for broadly defined purposes

Poli Sci (14 decks)

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