Week 2: Federalism Flashcards
Federalism definition
A system of government in which a constitution divides power between a central government and regional government
What are 2 key concepts of Federalism?
All about making sure that govt. doesn’t possess a huge chunk of power
When state and federal law come into conflict, federal law is the supreme law of the land
Which article of the constitution lays out the expressed powers of the Federal govt.?
Article 1 Section 8
What are examples of expressed powers of the federal government (Congress)?
Raising armies
Tax
Regulate commerce
Coin money
Declare war
Make Laws
Which Supreme Court case established implied powers of Congresss?
McCulloch v Maryland 1819
SC court ruled that Congress had implied const. power to create a national bank and that states have power to tax federal govt.
Under ‘necessary and proper’ clause Article 1 Section 8
What are classed as reserved powers?
Derived from 10th Amendment, powers not specifically given to the federal government are assumed to be given to the states
Examples of states reserved power
Develop criminal code
Running elections
Regulating school
What are concurrent powers possessed by both state and federal governments?
Setting up courts
Spending and borrowing money
Regulating schools
What is Dual Federalism?
‘Layer Cake’, most of 19th and early 20th century
Dividing line between state and fed govt., easy as fed govt. was so small, no need for them to intervene
Congress accepted that direct intervention by the govt. was undesirable
What is Cooperative Federalism?
‘Marble Cake’, starts after 1930s great depression
existing economic policies weren’t helping unemployment
Keynesian economics comes in, massive increase in size of fed govt.
More grants given to states, marble cake
Seen as the start of the new presidency- Roosevelt
What is regulated Federalism?
A system in which the national government sets requirements that are implemented by state
Started with the Civil Rights of the 1960s
What is New Federalism?
Start to see in 80s and 90s where Nixon and Reagan attempt to return power to states
Small govt. = good govt.
What was the Clinton Welfare Reform?
Personal Responsibility and Work Opportunity Reconciliation Act 1995
Result of influence of neoliberal economic thinking
Cut welfare spending, increase privatisation
Example of New Federalism
What is the federal budget?
$6.8 trillion
How many federal employees are there?
4.2 million
Vast majority are executive departments and agencies
Department of defence:
$721 billion budget, inc. army, navy and Air Force
2.9 million employees
Largest US government agency
Deals with nuclear weapons
Department of Justice:
$30 billion budget
113,000 employees
Enforces federal law
Includes FBI and DEA
US Marshalls service:
$3 billion budget
Oldest federal law enforcement office est. 1789
Environmental Protection Agency:
$9.5 billion budget
Independent federal agency
Enforces federal regulations
When were civil rights first highlighted?
In post-civil war ammendments
13th Amendment
1865
Slavery made illegal
14th Amendment
1868
Citizenship, due process, equal protection
15th Amendment
1870
Right to vote, regardless of race
How effective were the 13th, 14th and 15th amendments?
Just words on paper
Some southern states disenfranchised Af Americans by including literacy tests into voter registration
No addressed until civil rights act 1964
Plessy V. Ferguson
1896
Concept of ‘separate but equal’ introduced
ruled that as long as accommodations were equal, blacks and whites could be separated
Brown V. Board
1954
Idea of ‘separate but equal’ challenged
Ruled that segregated schools are inherently unequal
Violated the 14th amendment
What came of the Civil Rights Act of 1964
Denied federal funding to any school system that remained segregated
Made racial discrimination illegal in public places
What is the bill of rights?
First 10 amendments of the Constitution
ratified in 1791
1st Amendment
Freedom of speech, press, religion assembly and petition
2nd Amendment
Right to bare arms
3rd Amendment
Citizens do not have to house soldiers
4th Amendment
No unreasonable search or arrest
5th Amendment
No double-jeopardy or no witness against yourself
6th Amendment
Right to fair and public trial with impartial jury
7th Amendment
Right to trial by jury, extends to federal trials too
8th Amendment
No excessive bail/fines, no cruel and unusual punishment
9th Amendment
Listing these rights doesn’t mean you don’t have other rights
10th Amendment
Federal government only has powers laid out in the constitution, anything else is left up to the states and the people
What was affirmative action?
Policy designed to give groups that experience injustice access to employment and educational opportunities
Split civil right movement down the middle, some saw it as fighting discrimination with discrimination
What Supreme Court case addressed affirmative action?
Bakke v California Regents 1978
SC did not declare in unconstitutional
