PS 201 Study Guide Chapter 3 Flashcards
What is Federalism?
Federalism is a system of governance in which power is shared between regional governments and the national government.
Advantages of Federalism
-Policymaking flexibility across space (the states) and time
-Capacity to leverage key benefits of confederal systems and unitary systems
Drawbacks of Federalism
Federalism also comes with drawbacks. Chief among them are economic disparities across states, race-to-the-bottom dynamics (i.e., states compete to attract business by lowering taxes and regulations), and the difficulty of taking action on issues of national importance.
Alternatives to Federalism
-Internationally, Unitary Systems of government are far more common than federal systems or confederacies
-Unitary system: France and the UK
-Federal system: U.S. and Germany
-Confederacy: EU, CSA
-Under the Articles of Confederation, the states were part of a confederacy.
The Supremacy Clause
-“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”
-When federal and state governments are in conflict and the federal government is working properly, federal law is supreme.
Necessary and Proper Clause aka the “elastic clause”
allows for the expansion of congressional (and, thus, federal) authority to address pressing exigencies.
Commerce Clause
-Gives the Congress the power to “regulate commerce with foreign nations, and among the several states, and with the Indian tribes”
-“Ratchet effect”—once powers are gained,
they are rarely relinquished voluntarily
10th Amendment
Any powers not given to the federal government are reserved for the states or the people.
Nationalization of Policy
The authority and power of the national government have increased—often at the expense of state governments.
Reasons for nationalization of policy:
-Broad support for large-scale policies that
far exceeded the capacities of the
individual states. (Think about the
difference between the borrowing capacity
of the states relative to the federal
government.)
-States sought federal intervention to solve
collective action problems.
-Increasing popularity of federal
involvement in areas traditionally
managed by state governments.
Crossover Sanctions
A technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another.
Partial Preemption
Congress or regulators establish minimum “floor” standards applicable in every state but allow individual states to seek authority to implement and enforce the program on the condition that the state standard is at least as stringent as the federal floor.
Carrots
Examples of national government aid to states go back to the 18th century, but federal aid has become increasingly important over the past 50 years.
-Grants-in-aid
-Block grants
-Matching grants
Sticks
-National regulations requiring policy action
at the state or local level
-These regulations often provide no funding
for implementation (i.e. “unfunded
mandates”).