AP Gov: Chap. 3

1. What was the total amount of dollars given to state and local government by the federal government in fiscal year 2006?

$449 billion

Result of devolution initiatives

- Aid to Families with Dependent Children (AFDC) was converted to block-grant program, Temporary Assistance for Needy Families (TANF) in 1996. - Medicaid was not converted to block grant. - Federal spending increased—did not decrease; 2006 inflation-adjusted per household spending levels are highest since World War II. - More, not fewer, rules and regulations overall - Little change in congressional preemption of state laws

Unitary government

- All local governments are subservient to the national government. - Local governments can be altered or abolished by the national government. - Local governments have no final authority over any significant federal government activities.

Crosscutting Requirements

- Attached to almost all federal grants - Pertain to nondiscrimination, environmental protection, planning and coordination, labor standards and public access to government information. - Today there are 60 crosscutting requirements - They are requirements that "cut across" all grants

Conditions of Aid:

- Attached to grants - Conditions range from specific (apply to particular programs) to general (cover all or most grants). - Divergent views of states and federal government on costs and benefits of these conditions; each side attempts to bargain to pass on most of the cost to the other sides

Dillon's Rule

- Cities, towns, and counties have no such protections. - They exist at the pleasure of the state government, so there is no struggle over sovereignty

Federal controls on state governmental activities

- Conditions of aid: Tell state governments what they must do if they wish to receive grant money; traditional control. - Mandates: Tell state governments what they must do.

Grants were attractive to state officials for various reasons.

- Federal budget surpluses (nineteenth and early twentieth centuries) - Federal income tax increased revenues. - Federal control of money supply - Appeared as "free" money for state officials, who did not have to be responsible for federal taxation.

Positive view of Federalism

- Federalism contributes to governmental strength and political flexibility and fosters individual liberty. - Different political groups with different political purposes come to power in different places. - Federalist No. 10: small political units are more likely to be dominated by single political faction, which allows all relevant interests to be heard, somewhere.

Other avenues states use (to promote devolution and a direct democracy)

- Initiatives - allows voters to place state legislative measures directly on voting ballots - Referendums - enable voters to reject a measure adopted by the state legislature

Political conflicts between national and state governments persist over time.

- Intergovernmental disputes over slavery were intensified by lack of unity among the states. - Debate over the regulation of business and social welfare programs centered on whether the federal government had the right to intervene in these affairs.

Extradition (page A11)

- Located in Article IV, Section 2 - Requires the return (extradition) of fugitive criminals arrested in one state to the state in which the crime was committed for prosecution, although it has developed as a discretionary (unrestricted) decision

Privileges and Immunities Clause (page 11)

- Located in Article IV, Section 2 - Unifies the states by assuring that all citizens are treated equally when they travel from state to state

Full Faith and Credit Clause (page A11)

- Located in Article IV, Section I - Requires each state to formally recognize the documents and judgments handed down by courts in other states. - This helps coalesce (combine) the state laws under a national umbrella

Mandates are more likely in ----?

- Mandates are more likely in policy areas that receive less federal funding. - Waivers exempt some parties from federal mandates.

The Government Accountability Office has documented extensive duplication of services across federal agencies and between the federal government and state governments.

- Reduction of duplications could reduce "waste". - Debate rages over definition of what constitutes "waste".

State constitutions open one or more of three doors to direct democracy.

- State constitutions allow for some form of legislation by initiative: Allows voters to petition to propose legislation &then submit it for a vote by qualified voters - About half the states permit the referendum: a general vote by the electorate on a single political question that has been referred to them for a direct decision. - Twenty states permit the recall, whereby voters can remove an elective official from office.

By 2011, financial situations of states have changed dramatically.

- States face increasing financial pressure to meet pension obligations for public employees. - Several state governors have proposed restricting public unions' collective bargaining abilities. - This would allow states to reduce budgets by reducing public employee benefits.

Tenth Amendment

- Tenth Amendment was added as an afterthought to clarify the limits of the national government's power. - Tenth Amendment has had limited applicability, but has recently been used by the Supreme Court to give new life to state sovereignty.

Other issues that promote devolution

- The rise of deficits and deficit reduction programs led by Congresses with Republican majorities - Welfare and Medicaid (two block grant programs that were not created to be just that) - Other important activities that are given to the states (as a general rule) Public education Law enforcement and criminal justice Health and hospitals Roads and highways Public welfare Control over the use of public land and water supplies

Crossover Sanctions

- These impose national sanctions or penalties in one area to influence state or local policy in another area - Drinking age and highway monies are an example - In 1996, the health and Human Services issued a ruling threatening states with loss of federal grants to fight drug and alcohol abuse unless the reduced access to cigarettes by teens

Block grants grew more slowly than categorical grants because of...

- differences between the political coalitions that supported each. - Federal officials, liberal interest groups, organized labor tend to distrust state government; categorical grants give the national government more power. - Categorical grants are matters of life or death for various state agencies. - Supervising committees in Congress favored growth of categorical grants.

Federalism and Increased Political Activity

-MOST OBVIOUS EFFECT OF FEDERALISM: It facilitates political mobilization. - Federalism decentralizes authority, lowering the cost of political organization at the local level.

What was the total percentage of federal dollars used for transportation?

10.4 percent

What was the total percentage of federal dollars used for education, training, employment and social services?

13.4 percent

Nullification

A doctrine espoused by Calhoun that states could hold certain national policies invalid within their boundaries

Revenue Sharing

A federal grant that requires no matching funds and provides freedom in how to spend it

Referendum

A procedure that enables voters to reject a measure adopted by the legislature

Recall

A procedure whereby voters can remove an elected official from office

Waiver

Allows a violation of a law or a rule that would otherwise apply

Devolution

An effort to shift responsibility for a wide range of domestic programs from Washington to the states

subnational governments in the case of federal systems

Australia, India, and Switzerland

Dual federalism

Both national and state governments are supreme in their own spheres, which should be kept separate. Example: interstate versus intrastate commerce - Early, product-based distinctions were unsatisfactory, - Still, the Supreme Court does seek some distinction between what is national and what is local, although it is not entirely consistent in its support of state sovereignty.

Intrastate Commerce

Business that is conducted entirely within one state

Interstate Commerce

Business that is conducted in more than one state

Individual who argues federalism has contributed to political flexibility and individual liberty

Daniel J. Elazar

Snowbelt (Frostbelt) versus Sunbelt states - Are some states being helped at the expense of others?

Debate focuses on allocation formulas written into federal laws.

Grants-in-aid

Federal funds provided to states and localities

Coalitions of Aid

Federal rules that states must follow if they choose to receive the federal grants with which the rules are associated

Negative view of Federalism

Federalism blocks progress and protects powerful local interests. - Laski: The states are "parasitic and poisonous." - Riker: Federalism facilitated the perpetuation of racism.

Medicaid

Federally funded medical care for the poor

National Interests

Governmental concerns considered to be primarily the responsibility of the central government

States' Rights

Governmental concerns considered to be primarily the responsibility of the state governments

The Intergovernmental Lobby

Hundreds of state and local officials lobby in Washington to get more federal money w fewer strings attached.

William H. Riker

Individual who argues the main effect of federalism since the Civil War has been to perpetuate racism

John Marshall

Individual who shared Hamilton's viewpoint on federalism as a member of the United States Supreme Court

How did spending on transportation and highways change from 1960 to 2006?

It decreased as a percentage, from 43 to a mere 10 percent

How did education spending change from 1960 to 2006?

It increased as a percentage, from 8 to 13 percent

Federalism

Local governments are able to make decisions on at least some matters without regard to the preferences of the national government.

What specific government program accounted for the largest percentage of federal dollars?

Medicaid, 42.8 percent

Hamilton's view

National supremacy, because the Constitution was the supreme law of the land

Grants were away around?

Prevailing constitutional interpretation until late 1930s was that the federal government could not spend money for purposes not authorized by the Constitution—grants were a way around this.

AFDC(Aid to Families with Dependent Children)

Program to distribute welfare benefits that was formerly federally funded then devolved to the states in 1996

third-order devolution

Refers to the increased role of nonprofit organizations and private groups in policy implementation

Federalism

Shared power between national and state governments allows both to influence public policy.

States can do what?

State can do what is not prohibited by the Constitution or preempted by federal policy, if it is consistent with its own constitution.

Land grant colleges

State educational institutions built with the benefit of federally donated lands

Jefferson's view

States' rights with the people as ultimate sovereign; the national government was likely to be the principal threat to individuals' liberties.

McCulloch v. Maryland (1819) settled two questions.

Supreme Court decision embodying the principle of implied powers of the national government Hamiltonian position espoused by Chief Justice John Marshall - Could Congress charter a national bank? Yes, because of the "necessary and proper" (elastic) clause, even though this power is not explicitly in the Constitution. - Could states tax such a federal bank? No, because national powers were supreme and therefore immune to state challenge.

Supreme Court has strengthened states' rights in several recent cases.

Supreme Court has strengthened states' rights in several recent cases.

Sovereignty

Supreme or ultimate political authority

James Madison

The Federalist author who said that both state and federal governments "are in fact but different agents and trustees of the people constituted with different powers"

Federal Republic

The Founders' term for a federation

Tenth Amendment

The clause that stipulates that powers not delegated to the United States are reserved to the states or to the people

Mandates

The federal rules that states or localities must obey generally have little or nothing to do with federal aid. - Civil rights - Environmental protection

necessary-and-proper clause

The phrase used by the Supreme Court to create the category of implied powers of the national government

Police power

Those state laws and regulations not otherwise unconstitutional, that promote health, safety, and morals - Generally recognized

Where was the highest percentage of grant money spent in 1960 and 2006?

Transportation and highways in 1960, Medicaid in 2006

Second-order devolution

a flow of power and responsibility from the states to the local governments

One odd effect of the fair-share formulas used to determine grants for Homeland Security is

a skew in funding toward states and cities with low populations.

Which countries have federal systems?

a. Canada. b. Australia. c. India. d. Germany. NOT Great Britain

29. Which of the following has (have) grown fastest in recent years?

a. Categorical grants

The requirement that a state or locality match federal money is most common with

a. categorical grants.

A 2006 study found that the highest number of unfunded mandates could be found in the area of ________ policy.

a. environmental

The Supreme Court's controversial 2005 decision Kelo v. City of New London involved

a. government seizure of private property.

36. The text suggests the growth of mandates has been fueled by the fact that

a. local citizens can use a federal court to change local practices.

Categorical grants

are made for specific purposes defined by federal law; they often require local matching funds. - super important for some state agencies. They completely rely on them.

8. All of the following statements are correct except a. the Constitution does not spell out the powers that the states are to have. b. the delegates at Philadelphia used "federalism" as a synonym for "unitary." c. the Tenth Amendment was added at the insistence of the states. d. the Founders assumed the federal government would have only those powers given to it by the Constitution. e. the Tenth Amendment has rarely had much practical significance.

b. the delegates at Philadelphia used "federalism" as a synonym for "unitary."

38. When the election of 1994 brought Republican majorities in the House and the Senate, the first key issue in the drive to shift important functions back to the states was

b. welfare.

Printz v. United States (1997)

background checks on gun purchasers

Land grants began ___

before Constitution; cash grants to states began in 1808.

Neither ____ nor ___ achieved the goal of giving the states more freedom in spending.

block grants nor revenue sharing - These did not grow as fast as categorical grants. - Number of strings increased, even on these programs.

During the 1960s, federal grant programs were increasingly devised on the basis of ________ needs.

c. national

15. According to the text, federal anti-trust laws do not affect a. artists. b. morticians. c. professional baseball players. d. lawyers. e. window washers.

c. professional baseball players.

Alexander Hamilton's view of federalism held that

c. the federal government was superior to the state governments.

The Law Enforcement Assistance Act is an example of a

categorical grant.

32. With the advent of grants based on distributional formulas, the ________ has taken on monumental importance.

census

Alden v. Maine (1999)

compliance with federal fair-labor laws

Controversial mandates may result from?

court decisions (for example, state prisons, school desegregation plans).

The text suggests devolution was actually an "old idea" that acquired "new vitality" because

d. Congress, rather than the president, was leading the effort.

17. Which of the following statements regarding state constitutions is incorrect? a. They tend to be far more detailed than the federal Constitution. b. They tend to embody a more expansive view of government responsibilities. c. They tend to embody a more expansive view of individual rights. d. None of the above. e. All of the above.

d. None of the above.

Which of the following statements is correct? a. It is difficult to obtain a waiver from an administrative agency with regard to education. b. There are a high number of unfunded mandates in education policy. c. The government tends to use more mandates in areas where it spends a great deal of money. d. The government tends to use more mandates in areas where it spends less money. e. Environmental protection waivers are fairly easy to obtain.

d. The government tends to use more mandates in areas where it spends less money.

31. The intense debate over the manner in which the federal government distributes funds and awards contracts has been precipitated by

d. a shift in population to the South, Southwest and Far West.

The text suggests that, by the 1940s, Supreme Court rulings concerning the commerce clause

d. abandoned hard distinctions between interstate and intrastate commerce.

The response of many state legislatures to the Court's decision in the Kelo case was to

d. restrict its scope by passage of new laws.

Block grants (sometimes called special revenue sharing or broad-based aid)

devoted to general purposes with few restrictions; states preferred block to categorical grants.

30. Which of the following is (are) not among the coalition that prefers categorical grants to block grants and revenue sharing?

e. State and local officials

After the Civil War the debate about the meaning of federalism focused on the ________ clause of the Constitution.

e. commerce

Although the doctrine of nullification is commonly associated with John C. Calhoun, the notion is plainly evident in

e. the Virginia and Kentucky Resolutions.

37. The conditions attached to grants are by far the most important federal restriction on state action because

e. the typical state depends for a quarter or more of its budget on federal grants.

the 2000 case United States v. Morrison, the Supreme Court refused to connect or extend the scope of the commerce clause to

e. violence against women.

A system is not federal unless local units of government

exist independently and can make decisions independent of the national government.

United States v. Lopez (1995),

guns in schools

Federalism influences important policy areas?

including taxation, education, transportation, crime and punishment, and civil liberties.

United States v. Morrison (2000)

overturned Violence Against Women Act of 1994, stating that attacks against women do not substantially affect interstate commerce.

Founders believed that neither national nor state government would have authority over the other, because...

power comes from the people, who shift their support to keep the two in balance.

Eleventh Amendment

protecting states from suits by residents of other states or citizens of foreign nations.

Mandates may also make it difficult for --?

state/local governments to raise revenues, borrow funds, and privatize public functions; some may expose them to financial liability.

Federal Maritime Commission v. South Carolina Ports Authority (2002)

states did not agree to become mere appendages of national government.

"Nullification"

states had the right to declare null and void a federal law that they believed violated the Constitution.

Existence of states is guaranteed by?

the federal Constitution

Third-order devolution

the increased role of nonprofit organizations and private groups in policy implementation.

Current conflicts are mostly over federal grants or federal mandates because?

they require states to meet certain standards before they can receive federal funds.