federalism test Flashcards
checks and balances:
Congress on executive
-override presidential veto (2/3 of both houses)
-impeach the president
-refuse to pass a bill the president wants
-confirm presidential nominees (Senate only)
-ratify a treaty (Senate only)
checks and balances:
Congress on judicial
-alter number of judges on the court
-change the jurisdiction of lower courts and appellate jursidicition of the supreme court
-propose a constitutional amendment to override court decisions
-pass legislation to limit the impact of a court ruling
-confirm judicial nominees (Senate only)
-Impeach federal judges
checks and balances:
executive on congress
veto legislation
checks and balances:
executive on judicial
-nominate federal judges
-ignore a supreme court ruling
checks and balances:
judicial on congress
declare federal laws unconstitutional
checks and balances:
judicial on executive
declare executive orders/presidential actions unconstitutional
why is federalism so important?
it decentralizes our politics and policies
advantages of federalism
-multiple access points offer more opportunities for political participation
-states make policy specific to individual needs
-states make policy in a absence of national consensus
-states can be laboratories of democracy
-the federal government can establish uniform policy when necessary
disadvantages of federalism
-tougher for the national government to make unified policies
-at times state rights may be used to perpetuate discrimination
example of laboratory of democracy for states
marijuana being allowed in other states (legal) where other states have it illegal
McCulloch v Maryland
supremacy clause, necessary and proper clause
-states cannot tax federal government
-expanded federal power
-chief justice John marshall
Gibbons v Ogden
commerce clause
-interstate commerce for Congress control
-intrastate commerce for state control
-expanded federal power
U.S. v Lopez
Lopez was arrested for carrying firearm in school
-does not deal with second amendment
-congress argues it’s bad because of the effect on children learning and commerce future
-court sided with Lopez, they didn’t see that commerce had a connection with the firearm
-limited federal power
Commerce clause
national government controls trade/commerce
powers of the national government (3 types)
delegated powers (17 grants)
-expressed/explicit
-implied
-inherent
expressed/explicit
those directly written in the constitution
implied
those powers that can be assumed or suggested from the explicit powers
inherent
those powers that belong to the national government because it’s the national government
What can the National government NOT do
-tax articles imported from one state to another
-violate the bill of rights
-change state boundaries
What can the State government NOT do
-tax imports or exports
-coin money
-enter into treaties
-impair obligations or contracts
-abridge the privileges or immunities of citizens or deny due process of law
What can neither the state and national government do
grant titles of nobility
permit slavery
deny citizens the right to vote because of race, gender, color, religion
what can the National government DO
coin money
conduct foreign relations
regulate commerce with foreign
provide an army
declare war
establish post offices
establish federal courts
makes laws
what can the State government DO
establish local government
regulate commerce with states
conduct elections
ratify amendments
take health measures
marriage laws
education laws
what can both state and national government DO
tax
borrow money
establish courts
make and enforce laws
charter banks and corporations
spend money for general welfare
take private property with just compensation
Plessey v Feruguson
separate but equal
Brown v Board
got rid of segregation
Full faith and credit clause
every state has to recognize public acts, records, or judicial proceedings of other state
privileges and immunities clause
states cannot discriminate against residents of other states
states can recognize “reasonable distinctions” between its own residents and other state residents
Old School Federalism
dual federalism or layered cake
a system of government in which both the states and national government remain supreme within their own spheres, each responsible for some policies
ended after the FDR New Deal plan
New School Federalism
cooperative federalism or marble cake
a system of government in which powers and policy assignments are shared between states and national government
shared costs, adminstration
federal favors for more power given
Fiscal Federalism
cooperative
the pattern of spending, taxing, and providing grants in the federal system
LBJ
created Great society programs “creative federalism”
Nixon
launched “competitive federalism” which returned large chunks of federal taxes to state and local government
Obama
tried competitive federalism
race to the top funds
Reagan
created devolution
loosened power of federal by cutting funds for domestic federal programs and giving to states
also new federalism (giving power to states than federal)
decentralized and block grants
Republican Revolution
brought welfare reform act (gave money to states)
Federal grants increased or decreased over time
increased (especially health care)
Categorical grants
federal grants that can be used for specific purposes (strings attached)
90% of funds
favored by Congress (gave them more a say on federal money spending)
two types of categorical grants
project and formula
project grants
based on merit (competitive) most common
formula grants
amount varies based on formulas (free and reduced lunch funding)
block grants
less restrictive on states, gave freedome in how to spend money
supports broad programs like welfare, education, healthcare
popular in Nixon and Reagan
ADA
Americans with Disabilities Act 1990
banned discrimination against people with disabilities
an unfunded mandate to state governments that all public buildings built accessible to disability people
very expensive since no federal funding
Unfunded Mandate Relief Act 1995
Republican Congress and Clinton (democrat) in power
federal government cannot make states follow a legislation that surpasses 50 million dollars
states paid 50 million, then federal pays rest
made states not follow mandates unless recieved federal funds
