Week 2: Federalism

Question 1

Federalism definition

Answer 1

A system of government in which a constitution divides power between a central government and regional government

Question 2

What are 2 key concepts of Federalism?

Answer 2

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

Question 3

Which article of the constitution lays out the expressed powers of the Federal govt.?

Answer 3

Article 1 Section 8

Question 4

What are examples of expressed powers of the federal government (Congress)?

Answer 4

Raising armies
Tax
Regulate commerce
Coin money
Declare war
Make Laws

Question 5

Which Supreme Court case established implied powers of Congresss?

Answer 5

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

Question 6

What are classed as reserved powers?

Answer 6

Derived from 10th Amendment, powers not specifically given to the federal government are assumed to be given to the states

Question 7

Examples of states reserved power

Answer 7

Develop criminal code
Running elections
Regulating school

Question 8

What are concurrent powers possessed by both state and federal governments?

Answer 8

Setting up courts
Spending and borrowing money
Regulating schools

Question 9

What is Dual Federalism?

Answer 9

‘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

Question 10

What is Cooperative Federalism?

Answer 10

‘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

Question 11

What is regulated Federalism?

Answer 11

A system in which the national government sets requirements that are implemented by state
Started with the Civil Rights of the 1960s

Question 12

What is New Federalism?

Answer 12

Start to see in 80s and 90s where Nixon and Reagan attempt to return power to states
Small govt. = good govt.

Question 13

What was the Clinton Welfare Reform?

Answer 13

Personal Responsibility and Work Opportunity Reconciliation Act 1995
Result of influence of neoliberal economic thinking
Cut welfare spending, increase privatisation
Example of New Federalism

Question 14

What is the federal budget?

Answer 14

$6.8 trillion

Question 15

How many federal employees are there?

Answer 15

4.2 million
Vast majority are executive departments and agencies

Question 16

Department of defence:

Answer 16

$721 billion budget, inc. army, navy and Air Force
2.9 million employees
Largest US government agency
Deals with nuclear weapons

Question 17

Department of Justice:

Answer 17

$30 billion budget
113,000 employees
Enforces federal law
Includes FBI and DEA

Question 18

US Marshalls service:

Answer 18

$3 billion budget
Oldest federal law enforcement office est. 1789

Question 19

Environmental Protection Agency:

Answer 19

$9.5 billion budget
Independent federal agency
Enforces federal regulations

Question 20

When were civil rights first highlighted?

Answer 20

In post-civil war ammendments

Question 21

13th Amendment

Answer 21

1865
Slavery made illegal

Question 22

14th Amendment

Answer 22

1868
Citizenship, due process, equal protection

Question 23

15th Amendment

Answer 23

1870
Right to vote, regardless of race

Question 24

How effective were the 13th, 14th and 15th amendments?

Answer 24

Just words on paper
Some southern states disenfranchised Af Americans by including literacy tests into voter registration
No addressed until civil rights act 1964

Question 25

Plessy V. Ferguson

Answer 25

1896
Concept of ‘separate but equal’ introduced
ruled that as long as accommodations were equal, blacks and whites could be separated

Question 26

Brown V. Board

Answer 26

1954
Idea of ‘separate but equal’ challenged
Ruled that segregated schools are inherently unequal
Violated the 14th amendment

Question 27

What came of the Civil Rights Act of 1964

Answer 27

Denied federal funding to any school system that remained segregated
Made racial discrimination illegal in public places

Question 28

What is the bill of rights?

Answer 28

First 10 amendments of the Constitution
ratified in 1791

Question 29

1st Amendment

Answer 29

Freedom of speech, press, religion assembly and petition

Question 30

2nd Amendment

Answer 30

Right to bare arms

Question 31

3rd Amendment

Answer 31

Citizens do not have to house soldiers

Question 32

4th Amendment

Answer 32

No unreasonable search or arrest

Question 33

5th Amendment

Answer 33

No double-jeopardy or no witness against yourself

Question 34

6th Amendment

Answer 34

Right to fair and public trial with impartial jury

Question 35

7th Amendment

Answer 35

Right to trial by jury, extends to federal trials too

Question 36

8th Amendment

Answer 36

No excessive bail/fines, no cruel and unusual punishment

Question 37

9th Amendment

Answer 37

Listing these rights doesn’t mean you don’t have other rights

Question 38

10th Amendment

Answer 38

Federal government only has powers laid out in the constitution, anything else is left up to the states and the people

Question 39

What was affirmative action?

Answer 39

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

Question 40

What Supreme Court case addressed affirmative action?

Answer 40

Bakke v California Regents 1978
SC did not declare in unconstitutional