Federal Government, Unit 1, Lesson 4: Federalism

States and communities compete to offer improved services at lower costs.

Grants Congress specific powers necessary for operating our country (enumerated powers). Includes the necessary and proper clause and the commerce clause.

What are categorical grants?

Grants earmarked for specific purposes and have extensive restrictions; also known as grants-in-aid.

Which level of government cannot deny citizens the right to vote because of failure to pay taxes?

National and State governments

What is a layer cake?

Metaphor used to illustrate the clearly defined powers and responsibilities between the national and state governments under dual federalism.

What is cooperative federalism?

A model of federalism in which the national and state governments shared functions and collaborated on major national priorities; this relationship predominated between 1930s and 1960s.

What are mandates?

A direct order from the federal government to state and local governments to perform a particular activity or comply with federal laws; federal government provides funds to help defray the cost of compliance

What are unfunded mandates?

A direct order from the federal government to state and local governments to perform a particular activity or comply with federal laws; however, the federal government provides little or no funds to defray the cost of compliance.

What is preemption?

A doctrine that enables the national government to override or preclude state or local actions in certain areas.

What is dual federalism?

A model of federalism in which national and state governments are equal, but independent partners, with distinct responsibilities; this relationship predominated from the 1790s to 1930.

What is the Tenth Amendment?

Amendment that confirms that powers not delegated to the national government or specifically denied to the states in the Constitution belong to state governments.

What are block grants?

Broad grants of federal money with few strings attached; given to states by the federal government for general categories such as community development, education, health, law enforcement, or social services.

State and local interests can block federal initiatives.

Confusion regarding which level of government was responsible for disaster management delayed the rescue of citizens impacted by Hurricane Katrina.

What is Gibbons v. Ogden?

Court case defined the scope of Congress' authority under the Commerce Clause and ruled that Congress can regulate any aspect of commerce that crossed state lines, including modes of transportation.

What is McCulloch v. Maryland?

Court case in 1819 that established two key constitutional principles:(1) Congress has "implied powers" to carry out the powers listed in the Constitution and, (2) states cannot interfere with constitutional activities of the federal government.

According to the video Federalism and The Little Rock Nine, the Supreme Court ruled in Brown v. Board of Education (1954) that state segregation of public schools violated the:

Equal Protection Clause of the Fourteenth Amendment. In the landmark case Brown v. Board of Education (1954), the Supreme Court ruled that public school segregation violated the Equal Protection Clause of the Constitution's Fourteenth Amendment and ordered local school authorities to comply with "all deliberate speed."

State and local government representatives create public policies specific for their region.

Establishes the Supreme Court. Sets the terms of Supreme Court judges as well as lower court.

Federalism increases opportunities for citizen involvement in the political process.

Establishes the offices of the president and vice president. Specifies that the Electoral College elects the president.

State governments are a training ground for future national leaders.

Establishes the president as commander-in-chief. Grants the president powers to make treaties and appoint judges.

What are implied powers?

Examples of these types of powers include establishment of a national bank and construction of the interstate highway system.

Federalism disperses political power.

Family moves to an area that matches their ideal mix of personal freedom, taxation, and regulation.

Roles and responsibilities of local, state, and national governments may overlap creating inefficiencies.

In 2006, the percentage of state government financing for public education was highest in Hawaii (89.9 percent) and lowest in Nebraska (31.4 percent).

How did California voters' approval of Proposition 215 impact federal law regarding the possession and use of marijuana?

Marijuana possession and use, medical or recreational, remains a federal crime. A 2000 Supreme Court decision upheld federal laws outlawing the use of marijuana (for any purpose) over the California law authorizing prescription and use of medical marijuana. Marijuana possession and use, medical or recreational, remains a federal crime.

As described in the video Hurricane Katrina, how does emergency planning and response for disasters mimic the structure of federalism?

It shifts much of the authority from the federal level to state and local governments. Emergency planning and response for disasters mimics the structure of federalism because authority is shifted from the federal level to state and local governments.

State and local governments serve as "laboratories of democracy" in which new public policies can be tried.

Limits congressional powers. Prohibits habeas corpus, bills of attainder, and ex post facto laws.

Policies in one state may undermine public policies or values in another state.

Local governments may obstruct airports, highways, public housing and other projects that are in the national interest.

Which level of government has the power to establish courts?

National and State governments Article III of the U.S. Constitution establishes the Supreme Court and gives Congress the authority to create lower federal courts while state constitutions allow for the creation of state courts.

Which level of government cannot impose excessive bail or unusual punishments?

National and State governments Neither the national nor state governments can impose excessive bail or cruel punishments. The "cruel and unusual punishment" clause in the Eighth Amendment of the Bill of Rights is the basis for challenges to the death penalty.

Which level of government cannot deprive freedom of speech, press, assembly, or right of petition?

National and State governments Neither the national nor state governments can restrict the rights listed in the First Amendment of the Bill of Rights.

Which level of government cannot prohibit the free exercise of religion?

National and State governments Neither the national nor state governments can restrict the rights listed in the First Amendment of the Bill of Rights.

Which level of government can charter (grant rights and privileges) banks and corporations?

National and State governments The power to charter banks and corporations is one example of a concurrent power; a power that state governments share with the national government. Most concurrent powers are not specifically listed in the U.S. Constitution, but only implied.

Which level of government cannot impose a tax on items exported from any state?

National government According to Article I, Section 9 of the U.S. Constitution, the national government cannot tax goods exported from a state to another state or foreign country.

Which level of government has the power to coin money and regulate its value?

National government Article I, Section 8 of the U.S. Constitution gives the national government (specifically the legislative branch) the power to coin money and regulate its value.

Which level of government has the power to regulate commerce with foreign nations, among states, and with Indian tribes?

National government The commerce clause in Article I, Section 8 of the U.S. Constitution, gives the national government the authority over the movement of people and things across state lines, as well as every form of communication and transportation. The commerce clause has permitted a wide variety of federal laws, from the regulation of business to outlawing of racial segregation.

Which level of government has the power to call out the militia to execute laws and suppress insurrections?

National government The states' right to maintain a militia (the National Guard), is always subordinate to the power of Congress. In 1795, Congress first gave the president authority to call out the militia to suppress insurrections. Presidents have used this power to enforce federal law during desegregation disputes during the 1950s, and later during the civil disturbances in various cities during the 1960s.

What are concurrent powers?

Powers held by both the state and national governments that may be exercised simultaneously as long as that power is not exclusively within the scope of the national government. The power to tax is an example of this type of power.

What are enumerated powers?

Powers specifically mentioned in the Constitution as belonging to the national government.

What is the Full Faith and Credit Clause?

Provision ensuring that judicial decrees and contracts made in one state will be binding and enforceable in another.

What is the Commerce Clause?

Provision giving Congress exclusive power over trade activities between the states and foreign countries and Indian tribes.

What is the Necessary and Proper Clause?

Provision giving Congress the authority to use "implied powers" to carry out the responsibilities specifically delegated to it. Also known as the elastic clause.

What is the Privileges and Immunities Clause?

Provision guaranteeing that citizens of each state have the same rights as citizens of all other states.

What is the Supremacy Clause?

Provision mandating that national law is supreme to all other laws passed by the states or any other subdivision of government.

Citizens suffer because of inequalities across states.

Specifies that nine states are needed to ratify the Constitution before it becomes effective.

Which level of government can ratify amendments to the federal Constitution?

State governments Article V of the U.S. Constitution gives states the power to ratify amendments. One method of amending the U.S. Constitution requires both houses of Congress to reach a two-thirds majority before sending the proposed amendment to the states. Then, three-fourths of the state legislatures must agree to ratify the amendment. A second method involves two-thirds of the state legislatures calling for a special convention to propose an amendment. Again, three-fourths of the state legislatures must agree to ratify the amendment. This second approach has never been used.

Which level of government cannot levy import or export taxes?

State governments State governments have the authority to regulate commerce within the boundaries of their state.

Which level of government has the power to regulate intrastate commerce?

State governments State governments have the authority to regulate commerce within the boundaries of their state.

Which level of government has the authority to pass laws governing activities such as crimes, marriage, education, intrastate transportation, and land use?

State governments The Tenth Amendment gives states any powers not granted to the national government or specifically denied by the U.S. Constitution. States have the authority to legislate for the protection of the health, morals, safety, and the welfare of its citizens. This is an example of a reserved power.

Which level of government cannot make any law that violates federal law?

State governments The supremacy clause in Article VI of the U.S. Constitution assures that the federal Constitution and federal laws take precedence over state laws and binds all judges to adhere to that principle in their courts.

Federalism does not bring people closer to the government.

States relax their own environmental standards to avoid losing businesses to states with less stringent standards.

Citizens can "vote with their feet."

The 10th Amendment states that any power not granted to the federal government belongs to the states. This prevents a concentration of power in either the state or national government.

What are reserve powers?

The right of states to make laws governing safety, health, welfare, and morals for the benefit of their communities; also called police powers.

According to experts in the video Same-Sex Marriage, why did Congress pass the Defense of Marriage Act (DOMA) in 1996?

To define, at the federal level, marriage as being a union between one man and one woman. Passed in 1996 as a reaction to the Baehr v. Lewin decision in Hawaii, the Defense of Marriage Act stated that: (1) No state needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state; (2) The federal government defines marriage as a legal union exclusively between one man and one woman.

States and local governments compete in a "race to the bottom."

Voters do not know who their representatives are, much less what they do.

According to the video Hurricane Katrina, requests for emergency assistance during a natural disaster are consistent with federalism because they should be initiated by the ______________.

mayor and local government The request for emergency assistance follows a "pull system" that requires the mayor and local government to report first to the governor and state, who then reports to the White House at the federal level.

Because of the commerce clause, the federal government has the power to:

regulate a wide variety of economic activity. The commerce clause allows the federal government to regulate a wide variety of economic activity. Broad interpretation of the commerce clause by Congress and the federal courts has contributed to the national government's expansion of power, typically at the expense of state power.

As noted in the video Federalism and The Little Rock Nine, Arkansas Governor Orval Faubus disregarded the federal court decree requiring the desegregation of the Little Rock public schools based on his interpretation of the state's ___________.

reserved powers As granted in the Tenth Amendment to the Constitution, "reserved powers" are the powers not delegated to the federal government that are reserved "to the States respectively, or to the people." Through these reserved powers, the states generally retain control over such issues as criminal law, marriage laws, and provisions regarding education, highways, and social welfare activities.

The 16th Amendment authorizes Congress to:

tax citizens' income. The 16th Amendment to the U.S. Constitution, ratified in 1916, authorizes Congress to tax citizens' income. Prior to its passage, the national government relied primarily on tariffs and excise taxes, but was unwilling or unable to tax the wealth of its citizens.

According to the video Same-Sex Marriage, Hawaii's Supreme Court ruling in the case of Baehr v. Lewin (1996) was a milestone in the debate over same-sex marriage because it:

was the first case to recognize that the restriction against same-sex marriage was discrimination on the basis of sex. In the Baehr v. Lewin (1996) decision, the Hawaii Supreme Court found the state's refusal to grant marriage licenses to same-sex couples discriminatory. Although voters in Hawaii quickly nullified the court's decision by passing a state constitutional amendment barring same-sex marriage, the verdict was the first in the United States to recognize a same-sex couple's right to marry.