Federalism Test (11.23.2020) Flashcards
federalism/division of powers
powers of government are divided between a central government and several regional gov’ts
expressed powers
specifically written in the constitution (also called enumerated powers), specifically given to Congress in Article 1, Section 8
examples of expressed (enumerated) powers
Commerce Taxation Borrow money Currency Bankruptcy Declare war
implied powers
not expressly stated, but reasonably suggested
inherent powers
belong to national government because it is sovereign
delegated powers
given to the national government
reserved powers
10th amendment - reserved powers for the states
concurrent powers
shared government powers
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
examples of reserved powers
conduct elections, ratify amendments, public health, regulate state commerce, establish local gov’ts, marriage laws, death penalty, child custody, etc.
examples of implied powers
levy & collect taxes, borrow money, establish naturalization laws, raise army & navy, regulate commerce, establish post offices
supremacy clause
national law is supreme to all other laws (In order of supremacy: U.S. Constitution, Acts of Congress & Treaties, State Constitutions, State statutes, city & county ordinances)
necessary and proper clause
Also called the “elastic clause”
Variation w/ scope of national gov’t - what the government is allowed to do - Antifederalists were concerned about the size and scope of government
who supported the necessary and proper clause? who opposed it?
federalists supported, antifederalists opposed
who favored a loose interpretation of Constitution? who favored strict interpretation?
federalists loose, antifederalists strict
state representation in national government
senators (equal representation per state) and house of representatives (based on population)
Grants-in-aid
Grants of federal money to states & their counties & cities that lack money for everyday operations (education, mass transit, highway construction, healthcare, job training)
What are the two types of grants-in-aid?
categorical (formula, project) and block
block grants
Broadly defined purpose
States have more discretion on how the $ is used
Less Restrictive, few strings attached
project grants
(type of categorical grant) awarded on basis of competitive applications, Can go to state or private agency that operates in that state, many are made for research and development
formula grants
(type of categorical grant) Distributed to state based on mathematical formula
States & local gov’ts do not apply for them
categorical grants
SPECIFIC purpose, Main source of federal aid to state and local governments, way for nat’l gov’t to alter the states’ priorities to coerce states to nat’l policy
dual federalism
layer cake federalism, programs and authority are clearly divided among the national, state, and local gov’ts
cooperative federalism
marble cake federalism, programs and authority are mixed among the nat’l, state, and local gov’ts
interstate compacts
contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns
full faith & credit
All public acts, records, and judicial proceedings must be recognized by other states, exceptions - it only applies to civil laws, not criminal, and some divorces
privileges & immunities
One state cannot discriminate against citizen of another state , exceptions - voting, college tuition
extradition
Legal processes of returning a fugitive of justice back to the state the crime is committed
new federalism
returning authority to state gov’ts - Raegan
13th, 14th, 15th amendments
reconstruction amendments, 13th ended slavery, 14th citizenship rights, 15th black males right to vote, death of dual federalism, increased power of nat’l gov’t
16th and 17th amendments
progressive amendments, 16th progressive income tax initially to tax riches in cities, 17th direct election of senators
18th and 19th
18th prohibition, 19th women’s suffrage
Who loses power under cooperative federalism?
the states
which court cases favored national gov’t?
McCulloch v Maryland and Gibbons v Ogden
which court cases favored state gov’t?
Barron v Baltimore and US v Lopez
3 largest programs where tax dollars are spent other than military?
Medicaid, student loans - FAFSA, and SNAP - food stamps
Democrats tend to favor…
Cooperative Federalism and expansion of power of the Nat’l Government, nat’l gov’t is best place to establish consensus and create nat’l standards
Republicans tend to favor…
Dual Federalism and reduction of power of the Nat’l Gov’t, more power to states to govern themselves
Cooperative federalism under FDR
New Deal programs forced all levels of gov’t to work cooperatively with one another, local gov’ts were embraced
why did FDR threaten court packing?
SCOTUS was ruling that certain aspects of New Deal went beyond authority of Congress, so FDR wanted to enlarge Court from 9 to 13 to give him opportunity to pack the court with a majority of justices who supported the constitutional validity of the New Deal
Article 1, Section 8 vs Article 1, Section 9
Section 8 - what Congress IS allowed to do
Section 9 - what Congress IS NOT allowed to do
What in the Constitution gives Nat’l gov’t implied powers
enumerated powers and the necessary and proper clause
Confederal v Federal gov’t
confederal - state holds powers, federal - national and state share powers and derive authority from people
Parliamentary v Presidential gov’t
Parliamentary - voters elect legislature, chief exec is drawn from legislature
Presidential - voters elect legislature and the chief executive who is part of executive branch (legislature and executive are independent and coequal)
Article 1, Section 9 - rights of the accused
Habeas Corpus - protection against the gov’t arresting without LEGAL reason
NO Bill of Attainder - law that allows a person to be convicted WITHOUT a trial
NO ex post facto - new laws cannot apply to people acting before new law was passed
