Lesson 4 Flashcards

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1
Q

Define federalism

A

The division of power among local, state, and national governments

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2
Q

Who established federalism ?

A
  • Federalist Papers
  • The Constitution
  • Early supreme court decisions
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3
Q

What did the federalist papers argue for?

A

A stronger central government that would not be sooo strong as to strip all power from the states, but there would be an equilibrium.

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4
Q

Dual Federalism (as set forth in Constitution)

A
  • Powers delegated to federal government based upon articles I, II, III, IV, VI
  • Powers reserved to states based on articles VI and 10th amendment
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5
Q

What are the early supreme court cases delineating federalism?

A

McCulloch v. Maryland
Dartmouth v. Woodward
Gibbons v. Ogden

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6
Q

McCulloch v. Maryland

A

States cant tax national gov. Institutions

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7
Q

Dartmouth v. Woodward

A

States cant invalidate private contracts

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8
Q

Gibbons v. Ogden

A

States cant regulate interstate commerce

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9
Q

What is the upshot of the 3 cases?

A

National government supremacy over the states

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10
Q

Why were the 3 cases made even though the constitution is clear about powers belonging to the national gov and states?

A

The cases represent real world conflicts over how the powers would be sorted and which level would command which powers

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11
Q

Where did the former colonies belong?

A
  • to a confederation

- states were largely sovereign and the national government was neutered (states loosely linked)

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12
Q

What are most European democracies?

A
  • unitary(local control)

- national gov authority extends down to local level

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13
Q

Why is a federal system the only system the framers could adopt?

A

The U.S. wanted local control, but not a centralization of power (best fit for this psychology)

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14
Q

Example of federalism in U.S.

A

National: Department of Education
State: Ohio Department of Education
Local: Boards of Education
-all have distinct purviews, but there is some overlap

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15
Q

Timeline of Federalism

A
1790s-Civil War: Dual Federalism 
Civil War-1930s: Dual Sovereignty 
1930s-1960s: Cooperative Federalism 
1960s: Creative Federalism 
1968-1994: New Federalism (Fiscal) 
1994-2008: Devolution 
2008-present: Regulation
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16
Q

Dual Federalism

A
  • laid out in Constitution
  • layer cake federalism: simple, don’t meddle in each others affairs
  • spheres of authority are largely separate and distinct, but there is some overlap
17
Q

Dual Sovereignty

A

Version of Dual Federalism where there is the least possible cooperation between state and national gov

18
Q

Cooperative Federalism

A
  • marble cake federalism

- characterized by national government creating and funding programs with the state governments administering them

19
Q

Creative Federalism

A
  • version of cooperative federalism marked by the following traits:
    1) cost sharing of programs between national and state gov
    2) Dual administration of programs
20
Q

What is an example of creative federalism?

A

Medicaid

21
Q

Competitive Federalism

A
  • national gov imposes demand on state gov
    1) demands may involve threat of punishment for non-compliance
    2) demands may involve crossover requirements: states get $ from national gov. in return for some favor
22
Q

What is an example of Competitive federalism ?

A

21 isnt national drinking age, but states make it 21 to get $

23
Q

Fiscal Federalism (New)

A
  • version of competitive federalism

- involves giving money to the states on the condition that the states spend it in a certain way

24
Q

What are the 3 types of fiscal federalism?

A

Categorical grants, block grants, revenue sharing

25
Q

Categorical Grants

A

1) Project Grants: national government awarded based on competitive application by states and individuals(like applying for college scholarships)
2) Formula Grants: national government awarded based on formulas developed by congress

26
Q

Block Grants

A

National government $ given to local communities with few or no strings attached
-EX: Community Development Block Grant: given to cities since 1975 to help with revitalization efforts

27
Q

Revenue Sharing

A

National government $ given to states with few or no strings attached

28
Q

Devolution

A
  • marked by return of power to the states
  • block grant and revenue sharing reduced under this trend
  • fewer unfunded mandates
29
Q

Define unfunded mandates

A

Laws passed by congress mandating action by the states without providing any $ to assist the states

30
Q

What is an example of devolution

A

ADA(American Disabilities Act): mears wants to make a school but has to follow ADA which costs states more

31
Q

Regulation

A

-the obama presidency has been marked by pronounced political struggles over the proper role of national government in the economy. To what degree should national gov regulate?

32
Q

What is an example of Regulation?

A
  • Affordable Care Act(Obama care)

- Dodd Frank Wall Street Reform and Consumer Protection Act(national gov involvement)