Unit 1 Federalism

Question 1

What are delegated powers?

Answer 1

Delegated powers are those powers specifically given to the national government in Article I of the US Constitution. (Enumerated Powers)

Question 2

competitive federalism

Answer 2

Competitive federalism refers to a school of thought that views states and cities as competing with each other to offer benefits to citizens, and is based on the principle that citizens “vote with their feet.”

For instance, State A may enact high taxes which it uses to fund social programs and the arts, while State B offers low taxation, but little support for social programs and the arts. Based on personal preference, a citizen can choose State A or State B.

Question 3

What is meant by the term “inherent powers” as used to describe the powers of the presidency?

Answer 3

Inherent powers can be inferred from the president’s position as the head of the nation, such as the power to declare neutrality.

Question 4

During the 1970s and continuing to the present, the concept of new federalism predominated state and federal relations. What is new federalism?

Answer 4

New federalism stresses devolution (the transfer of power to political units below that upper level), and places more responsibility on the states to determine how federal grant money will be spent.

Question 5

What do block grants provide?

Answer 5

Block grants are grants provided to a given state for a specific purpose, such as road construction or public health concerns. Block grants allow the state to have discretion as to how the funds are allocated.

Question 6

What are categorical grants?

Answer 6

Categorical grants are funds granted by Congress to states to be used for specific, narrowly defined purposes, or “categories.” They can be funded on a project with strict requirements. Example: Food Stamp Programs.

Question 7

Between the Constitution’s enactment and 1932, the concept of dual federalism governed relations between the federal government and the states. What is dual federalism?

Answer 7

Dual federalism, also known as “layer cake” federalism, holds that the federal government and the state governments each have power in their own spheres.

Dual federalism implies a limited national government.

Question 8

How do project grants work?

Answer 8

Project grants are federal grants for specific projects, and have limitations that require their use for those projects. Many times, project grants require state and local governments to raise matching funds.

Question 9

What is a formula grant?

Answer 9

A formula grant is a grant whose total value is calculated based upon a formula included in the legislation establishing the grant.

As an example, the amount of the grant could be tied to the number of farmers in a state; thus a grant amount would be higher in Iowa than in Maine.

Question 10

Define federalism.

Answer 10

Federalism is a form of government in which power is divided between a central political authority and its constituent political units.

Question 11

Define devolution.

Answer 11

Devolution refers to the transfer of programs, previously conducted on the federal level, to the state level. In recent years, federal programs such as health care, job training, welfare, and housing have passed to the state level, usually accompanied by grants.

Question 12

Define confederation.

Answer 12

A confederation is a system of government in which the states or territories retain ultimate authority, except for those powers specifically delegated to a national government.

Question 13

How does a federal system of government differ from a confederate system?

Answer 13

In a federal system, individual states and the national government share ultimate authority, meaning that in some areas the federal government is supreme, while in others the state governments are supreme.

In a confederation, the state governments are considered supreme, except for those powers specifically delegated to the federal government.

Question 14

What does the Tenth Amendment provide?

Answer 14

The Tenth Amendment refers to the powers reserved to the states. Under the Tenth Amendment, the states can engage in activities such as establishing schools, regulating intrastate commerce, and establishing licensing requirements for various professions, such as dentistry or law.

Question 15

According to the Constitution, the federal government guarantees to the states that they will have what type of government?

Answer 15

The Constitution requires the federal government to guarantee that the states have a “Republican form of government.”

Question 16

What constitutional article governs interstate relations?

Answer 16

Interstate relations are governed by Article IV, which requires states to:

• recognize legal documents from other states (Full Faith and Credit)
• not discriminate against out-of-state citizens (Privileges and Immunities)
• extradite individuals accused of criminal violations (Extradition)

Question 17

implied powers

Answer 17

Implied powers are those powers reasonably inferred from the delegated powers listed in the Constitution and stem from the General Welfare and Necessary and Proper clauses.

As an example, the power to charter a National Bank was held to be a legitimate implied power in McCulloch v. Maryland (1819).

Question 18

Pursuant to Article IV of the Constitution, states can enter into interstate compacts. What are interstate compacts?

Answer 18

Interstate compacts are agreements between states to resolve common problems or issues. As an example, seven states signed the Colorado River Compact, which governs water rights to the Colorado River.

Question 19

Powers that belong to both the federal and state governments are known as

Answer 19

concurrent powers

In several areas, state and federal governments have overlapping powers, which either can use. For instance, both the state and federal governments may tax their citizens.

Question 20

What constitutional provision places the federal government above state governments when applicable?

Answer 20

Found in Article VI, the Supremacy Clause establishes the preeminence of the federal government over state governments.

The clause reads “This Constitution, and the Laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land.”

Question 21

What term describes powers that the federal government cannot exercise, such as passing ex post facto laws or bills of attainder?

Answer 21

These powers are known as prohibited powers and are specifically denied to the federal government by the Constitution.

Question 22

What are some of the advantages of the federalist form of government established by the Constitution?

Answer 22

Federalism has numerous advantages:

• states serve as laboratories for democracy, experimenting with solutions that affect both national and state government
• avoids concentration of political power in one entity
• states serve as training grounds for future national leaders
• states are closer to the people, and theoretically better able to respond to local concerns

Question 23

What disadvantages are inherent in federalism as established in the Constitution?

Answer 23

Federalism does have some disadvantages, including:

• many offices and agencies can be a duplication
• conflicts of authority may arise between local and national governments
• national, state, and local governments may be overly complex

Question 24

Which Supreme Court case established Congress’ implied powers?

Answer 24

McCulloch v. Maryland (1819)

In the case, the state of Maryland attempted to tax a federally established bank. The Court held that it was within the federal government’s implied powers to create a bank, that the power to tax was the power to destroy, and that a state could not destroy a federal institution.

Question 25

Gibbons v. Ogden (1824)

Answer 25

In Gibbons v. Ogden, the Court held that Congress had the power to regulate interstate commerce under the Constitution’s Commerce Clause. The Court held that commerce is more than merely trade, it is also intercourse between the states.

At issue in Gibbons was a state law regarding steamboat navigation that conflicted with a federal law. The Court found that Congress had exclusive national power over interstate commerce under the Commerce Clause.