Government Chapter 5 Flashcards by Lindsey Berry

How are most national laws, policies, and programs shaped and administered?

A combination of federal-state relations

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What has been the number one source of political conflict?

Rivalry between the national and state governments

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What are specific areas of conflict between the federal and state governments?

Slavery
Social welfare programs
Federal health care reforms

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How were debates between the state and national gov usually settled?k

They were almost always favoring the national government, but usually the state’s had a large role in the details of the programs (administration and money)

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What do states have the majority of the control over?

Transportation
Law enforcement
Public education
Land-use controls
Much of the newest efforts in health care

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Why do other democratic countries not have political conflict between different levels of government like we do?

They recognize a supreme or ultimate authority

2. Most do not have a governmental structure like the US. It is a very intricate form of federalism

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Sovereignty

Supreme/ultimate political authority.
A sovereign government is legally and politically independent of any other government.

This is not found anywhere in the US government

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Federalism

A system where ultimate authority is shared between central government and state or regional governments

The parts must exist independently of eachother

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What are some examples of federalist countries?

US, Australia, Canada, India, Germany, and Switzerland

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What are highways and some welfare systems controlled by?

The state government

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What are education, policing, and land use controls controlled by?

The local government

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What are for local governments influenced by?

The constitution
People’s habits, opinions, and preferences
The distribution of power

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LOOK AT CHARTS

OMG OKAY

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What does federalism protect?

Personal liberty

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Confederal system

States or regional governments retain ultimate authority except for those powers that they expressly delegate to a central government

The us had this form of government under the articles of confederation

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Where does a federation derive its power from?

Directly from the people

It is a federal republic

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Where do the powers that are not specifically given to the state or federal government fall to?

The state government

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What is the “necessary and proper” clause?

Congress has the power to make all laws which shall be necessary and proper for carrying into execution of the foregoing powers

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What is another name for the necessary and proper clause?

The elastic clause

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What did Hamilton believe?

The federal government should have superiority

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What did Jefferson believe and teach?

The federal government was really an agreement of the state’s and for national government was the biggest threat to their liberties

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What did the war’s outcome show?

The national government was supreme in that the state’s could not secede

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Who was the Chief Justice of the Supreme Court at this time and what did he believe?

John Marshall

He believed in Hamiltonian ideas

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What happened in McCulloch vs. Maryland?

A branch of the us refused to pay a state tax

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What two questions did the Supreme Court answer in the M V M case?

1. Whether or not congress had the right to set up a bank or any corporation because it was not stated

What power has the federal government taken from the state's?

Social welfare policy, education, health care, and minimum wage

What did John Marshall decide about the federal government in regard to the states?

The federal government must be immune to destruction by the states because the power to tax is the power to destroy, so fine stats can not tax the federal government

Who won the case?

The federal government

Can the government tax state instrumentalists?

They could not at first, but now they can

Who was nullification first created by?

James Madison and Thomas Jefferson

What was nullification?

The state's had the right to declare a law null and void if they found it to be unconstitutional

Who revived nullification and why?

John c Calhoun revived it in opposition of the ban of slavery

What made it clear that the federal union could not be controlled by the state's?

When the north won the war

What is dual federalism?

A constitutional theory that the national government and the state governments each have defined areas of authority, especially over commerce

Who defines which areas control which commerce?

The Supreme Court

What is the difference between interstate and intrastate commerce and who controls what?

Intra- 1 state and the state controls | Inter- multiple states and the national government controls it

What are the rules about how much authority congress can exert over the states?

1. The constitution requires a distinction between what is national and what is local 2. The power of congress to regulate local activities depends on their being a part of interstate commerce

What did the people want local control of?

Police, school, and land regulations

What are the people willing to let the federal government regulate?

Local business activity

How have police, schools, and land use been affected by federal regulations?

1. Federal courts have profoundly shaped local institutions | 2. The development of federal grants-in-aid

What are grants in aid and what are they typically used for?

Federal funds provided to states and localities. Typically funded for airports, highways, education, and major welfare services

If the federal government sends money to one stage or congressional district, does it need to send money to all areas?

Yes

What is the intergovernmental lobby?

It was formed by state and local officials. A group of people who have come to count on federal funds The purpose was to get more money with fewer strings attached

What are categorical grants?

A federal grant with a specific purpose defined by federal law These require that the state or portion of government receiving the money must match some part of the federal grant though the amount can be quite small

Why do governors not like federal grants?

The purposes of these grants were so narrow that it was impossible for a state to adapt federal grants to local needs

Block grants

Grants from the federal government to states that have a general purpose with fewer restrictions

What are mandates?

Rules imposed by the federal government on the states as requirements that the states pay the cost of certain nationally defined programs

Conditions of aid

Federal rules attached to the grants that states receive. States must agree to abide by these rules to receive the grants

What did the unfunded mandates reform act say?

It instructed the congressional budget office to decide whether any federal mandate required the states to spend money beyond what they get from Washington

Where was there the most growth in the government?

In the northeast, but now is shifting more to the south/southwest/southeast

What does federalism do?

It accommodates differences without imposing an iron will on people

Where has there been the most political conflict?

Between the state government and the national government

Sovereignty

Supreme or ultimate political authority. A sovereign government is legally and politically independent of any other government

What must be true of the state and local units of a nation's government in order for the central government to be considered federal?

Local units must exist independently from fine preferences kf the national government It can make some decisions independently

Countries with federal systems

Canada, Australia, India, and Germany

What has kept local governments independent of the national government in the US?

The commitment of Americans to local government

How has congress played a major part in preserving federalism?

The people in congress vote according to what is best for the people they represent

How have states managed to maintain a large role in governing?

The federal government administers some things and let's the states control them (food stamps)

What is federalism created to protect?

Political liberty

What type of government existed among the states from 1776 to 1787?

A confederation

From whom or what does a federal republic directly derive its power?

The people