Unit 4 Chapter 3

what term describes the sharing of powers between the state and national governments?

federal system

The United States, Canada, and Switzerland are described as having a ________ system of government, while France, Finland, and Italy are examples of a ______ system of government

federal; unitary

Affordable Care Act

An expansion of medicaid, most of employers must provide health insurance, have insurance or face surtax, prevents rejection based on pre-existing condition. Also referred to as "Obamacare", signed into law in 2010

Briefly describe the philosophy informing "cooperative federalism."

Cooperative federalism can be thought of as a "marble cake," because there is no clear distinction between national and state powers, unlike dual federalism. It is an idea that the states work to pursue nationally defined goals, with grants in aid as a benefit of the help.

Briefly explain how the relationship between the national government and state governments operated under the Supreme Court's "dual federalism" interpretation. What factors led to the evolution of federalism away from this interpretation?

Dual federalism means that most powers of the government are separated between the federal and state governments. State governments virtually controlled their own policies, and the national government was smaller, but had clear powers that it only could possess. It was a clear separation between the two. Disagreements that were taken to the Supreme Court is what led America away from dual federalism because many people did not believe that the national government had the right to, for example, charter a bank in McCullough vs Maryland, or if states could grant monopolys in Gibbons vs Ogden.

Briefly describe the significance of federalism for understanding American government.

Federalism has influenced American life. It is know as the division of powers and functions between the national government and state governments. Federalism keeps the national government small and apart from divisive issues, but still close to the people, contributing to the political stability of the nation today.

How does "new federalism" change the relationship between the national and state governments?

New Federalism is the idea of returning power to the states through block grants. It has allowed the national government to provide funding to the states for goals they want to pursue, and the states have the flexibility to make their own policies and administer programs.

Briefly describe the significance of "state's rights" for understanding American government.

States' rights is a basic principle that the states should oppose the increasing authority of the national government. It is an idea that can keep the national government from becoming too powerful.

Briefly describe the significance of the Constitution's "full faith and credit" clause.

The full faith and credit clause is an article that stipulates that each state is normally expected to honor the public acts, record, and judicial proceedings that take place in another state. This statement means that one state must enforce an order that could have been placed by another state.

Briefly, what caused the Supreme Court to end the "traditional system" of federalism?

The traditional system was end due to disagreements brought to the Supreme Court regarding national and state power. Specifically, McCulloch vs Maryland and Gibbons vs Ogden. McCulloch vs Maryland was a question of whether or not the national government had the power to charter a bank, and Gibbons vs Ogden questioned if a state had the power to grant a monopoly.

regulated federalism

a form of federalism in which congress imposes legislation on states and localities, requiring them to meet national standards

federal system

a system of government where the national government shares power with lower levels of government such as the states

commerce clause

article 1 section 8 of the constitution that delegates Congress the power to "regulate commerce with foreign nations, and among the several states and with the Indian Tribes" favor of national power over the economy

new federalism

attempts by presidents nixon and reagan to return power to the states through block grants

concurrent powers

authority of both state and national governments such as the power to levy taxes

Block grants

federal grants in aid that allow states discretion in how funds are spent

unitary system

centralized government system in which lower levels of government have little power independent of the national government

when both the federal and state government possess the authority to do something, the text describes it as a(n) _________ power.

concurrent

Categorical grants

congressional grants given to states on the condition that the spending be limited to a problem or group specified by law

marble cake federalism

cooperative federalism (bleed through between the two such as the New Deal and state cooperation)

the process of returning more of the responsibilities of governing from the national level to the state level is known as

devolution

the system of federalism that allowed states to do most of the fundamental governing from 1789 to 1937 was

dual federalism

layer cake federalism

dual federalism (completely divided between state and national governments)

to what does the term new federalism refer?

efforts to return more policy making discretion to the states through the use of block grants

the specific powers granted to the national government in article 1 section 8 of the constitution are called the ________ powers

expressed

for most of the 19th century, Congress used its legislative powers to _________ commerce.

facilitate

example of unitary sytem

france, finland, italy

according to the text, when was the era of dual federalism?

from the ratification of the constitution to the new deal

which constitutional clause has been central in debates over same sex marriage because it requires that states normally honor the public acts and judicial decisions of other states

full faith and credit clause

cooperative federalism

grants in aid are used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals AKA "intergovernmental cooperation"

if a state grants a city the ability to govern its own local affairs, this delegation of power is described in the text as....

home rule

many states have amended their constitutions to guarantee that large cities will have the authority to manage local affairs without interference from state governments. this power is called

home rule

beginning in 1937 the supreme court laid the ground work for a stronger federal government by

issuing a number of decisions that dramatically narrowed the definition of the commerce clause

grants in aid

programs through which Congress provides money to state governments on the condition that the funds be employed for purposes defined by the federal government

a state governments authority to regulate the health, safety, and morals of its citizens is referred to as

police power

devolution

policy to remove a program from one level of government by passing it down to a lower level such as national government to state government

home rule

power delegated by the state to a local unit of government to manage its own affairs

police power

power reserved to the state government to regulate the health, safety, and morals of it's citizens

reserved powers

powers derived from the 10th amendment to the Constitution that are not specifically delegated to the national government or denied to the states

implied powers

powers derived from the necessary and proper clause of article 1, section 8, of the constitution; such powers are not specifically expressed, but are implied through delegated powers

the form of regulated federalism that allows the federal gov to take over areas of regulation formerly overseen by states or local governments is called

preemption

general revenue sharing

process where one unit of government yields a portion of its tax income to another unit of government typically involves the national government providing money to state governments

one of the most powerful tools by which the federal government has attempted to get the states to act in ways that are desired by the federal government is by

providing grants-in-aid

necessary and proper clause

provision from article 1 section 8, providing congress with the authority to make all laws necessary and proper to carry out its expressed powers

full faith and credit clause

provision from article IV section 1 of the constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state

privileges and immunities clause

provison form article iv section 2, states that a state cannot discriminate against someone from another sate or give its own residents special privileges

unfunded mandates

regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government

which was the first president to promote "new federalism"

richard nixon

expressed powers

specific powers granted by the Constitution to Congress (article 1 section 8) and the president (article 2)

dual federalism

system of government that prevailed in the U.S. from 1789 to 1937 where most fundamental governmental powers were shared between the national and state governments

federalism

system of government where power is divided by a constitution between the national and state governments

which amendment to the constitution stated that the powers not delegated to the national government or prohibited to the states were "reserved to the states"

tenth amendment

federal laws concerning crime most deal with

the District of Columbia and other federal territories

preemption

the principle that allows the national government to override the state or local actions in certain policy areas in foreign policy, the willingness to strike first in order to prevent an enemy attack

states rights

the principle that the states should oppose the increasing authority of the national government; this principle was most popular in the period before the Civil War

the constitutional theory of "states rights" was strongest during which historical period?

the years immediately proceeding the Civil War

what is the purpose of the tenth amendment?

to limit the powers of the central government by establishing reserved powers for states and individuals

when state and local governments must conform to costly regulations or conditions in order to receive grants but do not receive reimbursements for their expenditures from the federal government is called

unfunded mandate

example of federal system

united states, canada, switzerland