Government-Chapter 4 - Federalism
What does the national government guarantee to the state governments?
1. The national government must guarantee each state a republican form of government This occurs when senators and representatives take their seats in Congress 2. The national government must invasion and foreign attacks 3. The President has authority to send troops into a state if there is civil unrest or natural disasters AND the governor has requested help
sunset laws
A statute that includes provision for automatic termination of a government program, agency, etc., at the end of a specified time period unless it is reauthorized by the legislature.
Admission of New States
Congress must pass an enabling act which allows the people of the territory to prepare a constitution and vote on it. Congress then votes to accept the constitution and whether to admit the territory as a state
How does the Federal government influence state and local government?
Federal taxes are collected from all 50 states Money is provided to the states through federal government - for specific purposes Mandates are laws passed by Congress to make sure each state meets minimum national standards; examples: the real ID act of state driver's licenses Restraints limit a state's ability to regulate an area; example: nutrition standards A preemption allows the national government to pass laws to take over a state government function; example: educational standards, environmental laws, or safe foods Congress is not required to pay for mandates and can be a burden on the states
Why does federalism increase opportunities for political participation?
Federalism increases opportunities for American citizens to participate in politics: local, state, national positions are available Citizens have access to government leaders and influence public policy People are more likely to participate in government because they can influence political activity The smaller the race, the fewer the voters that are needed to get elected "Most" politicians start small and work their way up
Under federalism, what powers are held by state government?
States can make laws about anything that is not prohibited by the constitution They regulate and promote business, preserve natural resources, make and enforce criminal laws, protect individual rights, and provide for public health, education, and welfare
How do states cooperate and resolve conflict with one another
States must honor other states' laws and court orders even if theirs is different; example: driver's license and lawsuit obligations One state cannot discriminate against citizens of another state They must give the same fundamental rights to people from other states that they give their own citizens States are required to settle their differences with one another peacefully by negotiating interstate compacts, written agreements between 2 or more states and approved by Congress In the case of lawsuits between states, the supreme court rules and decisions are final
Federalism and Public Policy
The balance of power between the national and state governments continues to evolve in response to new issues A policy is a stated course of action for addressing problems or issues When a government settles on a course of action, we call it public policy; local, state, and national
Reserved Powers
any power not delegated to the national government and not prohibited to the states is reserved to the states; example: elections, schools, business and trade within the state.
Most republicans and other conservatives
believe the Constitution set clear limits on the power of the national government Their argument is that the 10th amendment stating that the states have any powers not specifically given to Congress They see "big-government" as a threat to individual liberties
Nationalist Position
favors the national government dealing with most issues i. Most democrats and liberals believe the founding fathers intended for a strong national government ii. Their argument is the supremacy clause and the elastic clause that allows Congress to make any law that is necessary and proper iii. They believe the national government is better equipped to solve major social and economic problems facing our country
Sunshine Laws / Act
law prohibiting public officials from holding meetings that are not open to the public
Federalism
lessens the risk of one party having a monopoly of political power at all levels of government
States' Rights Positions
local and state governments take the lead on public policy issue
Implied Powers-
national government powers that are not stated specifically but are usually needed to carry out expressed powers.
The Supreme Court
plays the role of umpire in our federal system
Delegated Powers
powers granted to the national government that are expressed powers and implied powers
Concurrent Powers
powers shared by the national and state government; example: tax, court's, eminent domain
The Supremacy Clause
state laws may not conflict with any form of a national law
Denied Power
tax exports, jail without a fair trial, titles of nobility
Obligations of States= 2 functions
conduct and pay for all national government officials Vote on constitutional amendments
The Supreme Court
Is the highest federal court in the United States
The Supremacy Clause
A clause in the United States Constitution that declares federal laws to have jurisdictional authority over state laws
Implied Powers-
A power that is not specifically authorized in writing, but is assumed because of similar powers which have already been granted in writing
Admission of New States
Congress must pass an enabling act which allows the people of the territory to prepare a constitution and vote on it.
Why does the Constitution divide power between the national and state government?
In our federal system the central government has some powers over all citizens, the states have certain powers reserved for them, and they share some powers. Our founding fathers wanted to prevent an all-powerful central government Supporters of federalism has to convince state leaders that the Constitution set up a power-sharing arrangement that was reasonable.
Under federalism, what powers are held by state government?
Power to conduct elections
Under federalism, what powers held by state government?
Power to conduct elections
Delegated Powers
Powers given to the federal government that are expressed and implied
Reserved Powers
Powers reserved for the state governments
Concurrent Powers
Powers that are shared by both the state and federal governments
What does the national government guarantee to the state governments?
Protection against invasion and domestic violence
Federalism and Public Policy
The balance of power between the national and state governments continues to evolve in response to new issues
States' Rights Positions?
The right of states to nullify federal laws
What powers are held by the state government under federalism?
The state controls there local government
How do states cooperate and resolve conflict with one another
They must give the same fundamental rights to people from other states that they give their own citizens
Expressed Powers
aka Enumerated powers are directly stated in the constitution; example: coin, money, make war
Rival political parties
are a key element of democratic government
