Federalism - Quiz Flashcards
a “division of powers” between the National and state governments
Federalism
major strength of federalism
allows for local action for local concerns and national action for national concerns
powers granted to the national gov. by the Constitution
delegated powers
3 types of delegated powers
1) Expressed: spelled out in the constitution
- lay and collect taxes, coin money, declare war, etc.
2) Implied: powers reasonably suggested but not stated in the Constitution (thousands)
- also known as the “Necessary and Proper Clause” or “Elastic Clause”
- labor-management relations, building of hydro-electric dams, building of interstate highways, etc.
3) Inherent: powers given to the national gov. because it is the gov. of a sovereign state (few)
- regulate immigration, acquire territory, grant diplomatic recognition, etc.
those powers that the Constitution does not grant to the national gov. belong to the state governments
- est. public schools, licenses (drivers, marriage), speed limits, police depts. etc.
Reserved Powers
powers that both the national and state gov. share
- lay and collect taxes, setting up courts, define crimes and punishments, etc.
Concurrent Powers
resolves conflicts between the two levels of gov. by setting up a “ladder of law”
Supremacy Clause
ladder of law
1) United States Constitution
2) Acts of Congress/National Laws
3) State Constitution
4) State Laws
5) City/County Laws
the “umpire” of the supremacy clause who makes rulings and all final decisions
The Supreme Court
the 3 national obligations to the states (Article 4)
1) Guarantee states a republican form of gov. (representative)
2) Protect states against foreign invasion and domestic violence
- attacks from other countries/terrorism and riots at home/natural disasters
3) Respect territorial integrity of states (recognize state boundaries)
who can admit new states
Congress
procedure for admitting new states
1) the territory petitions Congress for admission
2) Enabling Act passed - Congress gives the territory permission to set up a state constitution
3) popular vote (people of territory vote)
4) Act of Admission - Congress agrees to grant statehood
5) president signs into law
two types of Federalism
Dual Federalism (1788-1937): gov. power was strictly divided by the states and national gov.
- national gov. was very small!
Cooperative Federalism (1937-today): established social programs to assist states with regulation - strongly influences states
- national gov. became very large!
1st program for the Federal gov. to help the states
Federal Grants in Aid
- 1800’s it was grants of land to start up colleges/schools and roads
- today it consists of grants of money for different programs such as 1) education 2) mass transit 3) highway construction 4) health care, etc.
types of federal grants
1) Categorial Grants: used for specific purposes/programs such as college tuition, school lunches, water treatment, etc.
2) Block Grants: used for large broad programs such as welfare and Medicare/-aid
3) Project Grants: used for projects such as medical research (cancer/aids)
- given to private and government agencies