Federalism Part 2

Question 1

Three ways of organizing a nation

Answer 1

Unitary, confederate, federalism

Question 2

Unitary system

Answer 2

Central gov gives power to sub national gov and provides funds

Question 3

Confederal system

Answer 3

Power retained by local or regional gov

Question 4

Federal system

Answer 4

Divides power between national and lower level gov, distinct powers the other cannot override

Question 5

10th amendment

Answer 5

Powers not delegated to US by Constitution are reserved to the states or people

Question 6

Elastic clause

Answer 6

Allows Congress to make laws that are Necessary and Proper for carrying out powers

Question 7

Supremacy Clause

Answer 7

Actions by the national gov are supreme, any conflict between a legitimate action of gov will be in their favor

Question 8

Nullification

Answer 8

State can void a federal law that violates the Constitution

Question 9

Expressed powers

Answer 9

Enumerated powers specifically in Constitution

Question 10

Implied powers

Answer 10

elastic clause to give Congress power to infer powers not expressly stated in Constitution

Question 11

Inherent powers

Answer 11

Recognized by all sovereign nations

Question 12

Reserved powers

Answer 12

Tenth amendment, powers not delegated to gov go to states

Question 13

States’ domain

Answer 13

Education, law enforcement, health, public land, water, direct democracy, block grants

Question 14

Concurrent powers

Answer 14

Shared by both national and state gov

Question 15

Prohibited powers

Answer 15

Titles of nobility slavery, deny citizens right to vote based on race or gender, suspend Writ of Habeas Corpus

Question 16

Vertical checks and balances

Answer 16

State and federal level, federalism prevents gov from growing too strong

Question 17

Full Faith and Credit Clause

Answer 17

States must honor actions of other states, ex marriage

Question 18

Privileges and immunities

Answer 18

Person from one state cannot be treated in a way that denies their constitutional rights

Question 19

Interstate extradition

Answer 19

State must return a person charged with a crime

Question 20

McCulloch v. Maryland

Answer 20

National bank and right to tax, established supremacy of Constitution and federal laws over states

Question 21

Gonzales v. Raich

Answer 21

Constitution has power to regulate local activities if part of interstate commerce, local growth of marijuana regulated national marijuana market, Controlled Substances Act ruled marijuana as illegal under state and medical marijuana was legal in CA

Question 22

US v. Lopez

Answer 22

Congress did not have power to pass the Gun Free School Zones Act as it was a local power to states and didn’t fall under commerce clause, kept the states’ reserved powers

Question 23

Dual federalism

Answer 23

States and national gov remain supreme with distinct and separate powers, OREO

Question 24

Cooperative federalism

Answer 24

States and national gov cooperate with problems, blurred responsibilities and stretch of elastic clause, COOKIE

Question 25

Fiscal federalism

Answer 25

Federal grants and mandates, finances

Question 26

Mandates

Answer 26

Requires states to take action in a wide range of areas,
unfunded or funded

Question 27

Devolution

Answer 27

Transfer of powers from national gov to states, associated with conservatism

Question 28

Grants-in-aid

Answer 28

Funds designated by Congress for distribution to state and local gov, influences state policies

Question 29

Categorical grants

Answer 29

Provided with strings attached, gives Congress more control

Question 30

Block grants

Answer 30

Lessens the restrictions under a general area, preferred by states bc it offers flexibility

Question 31

Benefits to federalism

Answer 31

Unique separation of power, allows for political flexibility and individual rights, states have varying opinions

Question 32

Opponents to federalism

Answer 32

Allowed perpetuation of slavery and segregation, inequitable distribution of policy and less funding without increasing taxes

Question 33

Big three

Answer 33

Elastic clause, supremacy clause, 10th amendment; looked at in cases

Question 34

Gibbons v. Ogden

Answer 34

established supremacy of gov for interstate and foreign commerce, broad interpretation of commerce and commercial activity

Question 35

Lorillard Tobacco Company v. Reilly

Answer 35

SCOTUS ruled Massachusetts did not have constitutional power to regulate tobacco advertising, Federal Cigarette Labeling and Advertising Act prevented state regulations, MA violated first amendment of free speech and preventative measures of tobacco from children were made

Question 36

Alaska Department of Environmental Conservation v. EPA

Answer 36

Clean Air Act gave EPA authority to override a state’s decision, and had enough evidence to reject Alaska’s claim that state required best control tech available for the mining company