Federalism Quiz 10/27/15 Flashcards
expressed, or enumerated powers, those specifically given to the national government (articles I-V)
Delegated powers
although not expressed, powers that may be reasonably inferred from the Constitution (Article I, Section 8, Clause 18)-the Necessary and Proper Clause, or elastic clause
Implied powers
powers that exist for the national government because the government is sovereign
Inherent powers
powers that belong to both the national and state governments
Concurrent Powers
powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states (Article I, Sections 9 and 10, Amendments)
Reserved Powers
powers that are denied to the national government, state governments, or both (Article I, Sections9 and 10; Amendments)
Examples-neither the national government nor state governments may pass an ex post facto law or bill of attainder
Prohibited Powers
addresses the issue of relationships between the states.
Article IV of the Constitution
states are required to recognize the laws and legal documents of other states (birth certificates, marriage licenses, driver’s licenses, Wills)
Full Faith and Credit Clause
states are prohibited from unreasonable discriminating against residents of other states. Nonresidents may travel through other states, buy, sell and hold property, and enter contracts
Privileges and Immunities clause
states may return fugitives to a states from which they have fled to avoid criminal prosecution at the request of the governor of the states
Extradition
states may make agreements to work together to solve regional problems (hot-pursuit agreements, parole and probation agreements, shared natural resources)
Interstate compacts
Article IV of the Constitution provides national guarantees to the states
Republican form of government
Protection against foreign invasion
Protections against domestic violence
Respect for the geographic integrity of states
Advantages of Federalism
Suited to large geographic area, encourages diversity in local government
Avoids concentration of political power
Accommodated already existing state governments
States serve as training grounds for national leaders
Keeps government close to the people
Disadvantages of Federalism
Inflexibility inherent in a written constitution
Complex, with many governments to deal with
Duplication of offices and functions
Conflicts of authority may arise
both states and national governments were equal authority operating within their own spheres of influence (1789-1930s)
Dual Federalism
Maryland vs. the Bank of the United States
McCulloch v. Maryland (1819
“House Divided”-
Doctrine of Nullification
United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be “reasonable and just,” but did not empower the government to fix specific rates.
interstate commerce act
the first measure passed by the US Congress to prohibit abusive monopolies,
Sherman Antitrust Act
Cooperative Federalism
National and state governments worked together to deal with the Depression
-Creative Federalism
was a form of federalism popular during the Johnson administration from 1963 to 1969. It emphasized that the federal government determined the needs of the states.
New Federlism-1980s-present
State governments were more effective
-Contract with America- power to states
is the national government’s patterns of spending, taxation, and providing grants to influence state and local governments
Fiscal Federalism
is used to influence the states through grating or withholding money to pay for programs
Fiscal Policy
national government provides money to pay for state and local activates (building roads, state colleges)
Grant-in-aids
federal money be used for specific purposes (school lunch), may require matching funds from the state government
Categorical Grants
broad policy areas (Healthcare, public services)
Block Grants
“no strings attached” aid to state and local governments, could be used for any project Started with Johnson administration, eliminated under reagan
Revenue Sharing-
requirements that are imposed by the national government on the state and local governments
Mandates
mandate requirements #1
Americans with Disabilities Act (1990)-all public buildings be accessible to persons with disabilities
mandate requirements #2
Require state and local governments to meet requirements at their own expense (unfunded Mandates)
mandate requirements #3
Unfunded Mandate Reform Act-limited congress on passing unfunded mandate legislation
great society
-National government have money to state and localities
