Chapter 3: Federalism

Define and explain the significance of block grants, categorical grants, and federal mandates:

- Block grants: A federal grant that provides funds to a state or local government for a general functional area. - Categorical grants: A federal grant to a state or local government for a specific program or project. - Federal mandates: A requirement in federal legislation that forces states and municipalities to comply with certain rules.

Define federalism, unitary government, confederate government. Identify which type of government is most common today:

- Federalism: National and state governments have divided powers - Unitary Government: A centralized government system where ultimate authority is in the national government. - Confederate Government: A system with independent states and national government has limited power over them.

Danny works for the state department of transportation in Ohio. He helps ensure that funds provided by the federal highway administration go toward the most pressing transportation needs identified in his state. These funds are an example of which of the following?

A block grant

unitary system

A centralized governmental system in which ultimate governmental authority rests in the hands of the national, or central, government.

Which of the following is an example of as federal mandate?

A law passed by congress with standards for water quality that state and local governments must meet

enumerated powers

A power specifically granted to the national government by the Constitution. the first seventeen clauses of Article 1, Section 8, specify most of the enumerated powers of Congress.

fiscal federalism

A process by which funds raised through taxation or borrowing by one level of government (usually the national government) are spent by another level (typically state or local governments).

interstate compact

An agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tends to increase the power of the contracting states relative to other states or relative to the national government generally requires the consent of Congress.

Jenna benefits from a state aid program designed to assist other with dependent children. The funding is provided by the national government for public assistance to mothers of young children with specific program requirements, but her state administers the funds. This is an example of what type of grant?

Categorical grant

Since the Great Depression, identify which government spending has increased the most: central/national or local/state?

Central/National.

In Illinois, French cheese sold at a grocery store is subject to state taxes as well as a nationally imposed import tax. What is this an example of?

Concurrent powers

The states and national government were distinct under duel federalism but mixed in their powers, responsibilities, and finances under which of the following?

Cooperative federalism

Compare dual federalism to cooperative federalism:

Dual federalism is when the states and the national government each remain supreme within their own spheres. The doctrine looks on nation and state as co-equal sovereign powers. Neither the state government nor the national government should interfere in the other's sphere. Dual federalism, also known as "layer cake," federalism, creates separate powers for the national and state governments. Cooperative federalism, or "marble cake" federalism, is a system of shared powers where the national and state governments enjoy the same powers and use those powers together to solve problems such as disaster relief and land use.

When the government raises funds through taxation or borrowing, and then spends these funds, it is implementing which of the following?

Fiscal policy

Devolution refers to what transfer of powers?

From the national government to a state or local government

Define full faith & credit clause and privileges and immunities clause:

INTERSTATE RELATIONS Full faith & credit clause: The states must respect the 'public acts, records, and judicial proceedings of every other state." Privileges & immunities clause: the citizens of each state have the privileges and immunities of citizens in other states.

What powers does the Constitution grant the national government because it is a sovereign power among nations?

Inherent powers

Why did federalism serve as a practical solution to the main issue at the Constitutional Convention?

It established a strong national government and retained state traditions and local power

What are the terms of authority in a federal political system?

It is divided between the central government and constituent governments

What portion of state and local revenue is provided by the federal government?

One-fifth

The state of Alabama prohibits gambling, but the state of Ohio allows it. This is an example of what type of power?

Police power

Explain the 2012 ruling of the Affordable Care Act (Obamacare):

Provisions in the Affordable Care Act (Obamacare), however, penalized states that failed to expand their Medicaid programs by withholding 100 percent of their Medicaid funding. In 2012, the Court found that a penalty of that size was coercive in that it could seriously damage state budgets.

What does duel federalism emphasize?

Separate spheres for federal and state authority

Identify the relation between supremacy clause and preemption:

Supremacy clause is the constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. Preemption is the ability for the national government to take precedence over conflicting state or local laws in that area.

Joshua is looking for cases to illustrate his argument that the Supreme Court has the power to limit the powers of the national government. Which case or historical events should he discuss?

The Supreme Court's ruling that the National Recovery Administration program was unconstitutional

Identify the Voting Right Act of 1965 and explain the US Supreme Court's decision regarding preclearance (Shelby Country v Holder):

The Voting Right Act of 1965 overcame barriers at the state and local levels that prevented African Americans from having the ability to vote. 15th amendment of the Constitution.

police power

The authority to legislate for the protection of the health, morals, safety, and welfare of the people. In the United States, most police power is reserved to the states.

elastic clause or necessary and proper clause

The clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.

The Constitution grants Congress the power to do whatever is necessary to execute its enumerated or expressed powers. What is this referred to as?

The elastic clause

What was the decision in the Supreme Court Case, McCulloch v. Maryland?

The federal government has implied powers

The supremacy clause of the Constitution serves to protect the authority of which of the following?

The national government

Identify and explain the significance of strings attached to grants (aka carrot and stick policies):

The national government has been able to exercise substantial control over matters that traditionally have been under the purview of state governments. (grants).

Which is considered an enumerated power granted by the Constitution to the national government?

The power to make uniform naturalization laws

commerce clause

The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.

Which amendment to the constitution abolished the institution of slavery?

Thirteenth

Which of the following was an issue before the Supreme Court in Gibbons v. Ogden?

Whether the power to regulate interstate commerce was a concurrent power

block grant

a federal grant that provides funds to a state or local government for a general functional area, such as criminal justice or mental-health programs.

categorical grant

a federal grant to a state or local government for a specific program or project.

cooperative federalism

a model of federalism in which the states and the national government cooperate in solving problems.

dual federalism

a model of federalism in which the states and the national government each remain supreme within their own spheres. The doctrine looks on nation and state as co-equal sovereign powers. neither the state government should interfere in the other' sphere.

federal mandate

a requirement in federal legislation that forces states and municipalities to comply with certain rules.

confederal system

a system consisting of a league of independent states, in which the central government created by the league has only limited powers over the states.

fiscal

having to do with government revenues and expenditures.

concurrent powers

powers held jointly by the national and state governments.

supremacy clause

the constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.

devolution

the transfer of powers from a national or central government to a state or local government.

Identify the significance of the following cases: McCulloch v Maryland, Gibbons v Ogden, US v Lopez (reasons why the law was struck down):

· McCulloch v Maryland, The Constitution is the Supreme law of the land; national/central and state banks can tax each other. The Court held that Congress had the right to establish a bank in Maryland, and the state had no right to tax the bank. This broadened the interpretation of Congress's powers under Article 1, section 8. · Gibbons v Ogden, regulation of interstate commerce. The Court held that a steamboat operator with a federal license could not be taxed by the state of New York. The Court said that the New York laws conflicted with federal law, and the Supremacy Clause meant that federal law won the conflict. The Commerce Clause gave Congress the right to regulate interstate commerce. · US v Lopez (list reasons why the law was struck down) A federal law banning possessions of firearms in school zones was unconstitutional because it overstepped the Commerce Clause.

Identify the difference between implied and expressed powers (Article 1: Section 8); reserved and denied powers:

· implied and expressed powers (Article I: Section 8); reserved and denied powers. Implied powers are those that are reasonably necessary to carry out the powers expressly given to the nation government. Inherent (expressed) powers are those held by the national government by virtue of its being a sovereign state with the right to preserve itself. Reserved powers are certain rights the national government cannot deny the states. Denied powers are ones the national government can deny the states.