Chapter 3: Objectives/Notes

Identify the ways in which the Constitution determines the powers of state and national governments.

1. Article I, Section 8 grants powers to Congress; called Delegated Powers. 2. Article 1, Section 9 denies certain powers to Congress 3. Article 1 Section 10 denies certain powers to the states. 4. 10th Amendment reserves powers to the states that are not specifically granted to Congress and not denied to the states; called Reserved Powers.

Trace the ways in which American federalism has changed over the past two centuries.

1. Gradual shift from dual federalism to cooperative federalism resulting in power sharing between the two levels of government. 2. The rise of fiscal federalism with an increased assortment of federal grants-in-aid to the state and local governments.

Analyze the ways in which American federalism has a positive effect on democracy.

1. More opportunities to vote/partcipate. 2. More points of access. 3. Diverse economies. 4. Even if a political party loses a national election, it may be strong at the state level. 5. Diverse public policies are reflectional of regional differences; ex. state death penalties. 6. Reduces decison making and conflict at the national level by allowing states and localities to decide policy for themselves.

Analyze the ways in which American federalism has a negative effect on democracy.

1. States differ in resources available to supply public services; example: education funding. 2. Local interests may thwart national policies; example: slow to end racial discrimination in education and voting. 3. With 87,000+ governments, it sometimes becomes confusing and burdensome to get help.

Summarize the characteristics of categorical grants and block grants, and examine the effects they have on decision making at the state and local levels.

Categorical Grants: money can only be used for specific purposes; many strings attached.Two types; 1. Project grants - awarded by competitive applications and money must be spent on specific purposes. 2. Formula grants: awarded on the basis of a formula such as population or per capita income. Block Grants: money given freely with little or no strings attached; states and local governments have broad discretion as how the money is spent.

Compare the contrasting forms of dual federalism and cooperative federalism.

Dual Federalism (Layer Cake): both the states and the national government remain supreme within their own spheres; each responsible for specific policies. Cooperative Federalism (Marble Cake): power and policy assignments are shared by states and the national government; share costs, administration and blame for programs run poorly.

Discuss how underfunded and unfunded mandates burden state governments.

Federal government policies such as Medicaid require the state to pick up the unpaid portion and the Americans with Disabilites Act requires the states to pick up the tab altogether. Both underfunded and unfunded federal policies place states in a financial bind which causes them to have to raise state taxes.

Describe what is meant by fiscal federalism and assess the role that federal money plays in state policies.

Federal money appropriated by Congress for distribution to state and local governments is the main instrument the national government uses for both aiding and influencing policy at the state and local levels.

Describe the three basic forms of governmental structures: federalism, unitary, and confederacy.

Federalism: two or more levels of government have formal authority over the same land and people. Unitary: all power resides in the central government. Confederacy: weak cental government with states retaining most of the power.

List and analyze the clauses in the Constitution that define the obligations that each state has to every other state.

Full Faith & Credit: requires each state to recognize the official documents and civil judgements of other states. Extradition: requires states to return fugitives from another state to the state in which the crime was committed. Privileges & Immunities: states may not discriminate agains out-of-state citizens; exceptions include college tuition, hunting licenses and voting.

Explain why the relationship of local governments to the states is considered to be a unitary arrangement.

Local governments get their authority from the states; they can be created or abolished by the states. Viewed as sub-governments of the state.

Describe how the Civil War and the civil rights movement contributed to the development of national supremacy over the states.

The Civil War was fought in part over the states' claim of soveriegnty, but the federal government asserted its supremacy. The civil rights movement was primarily a conflict of state rights vs. national government over equality issues. National standards of racial equality prevailed.

Describe how the Supreme Court set forth the principle of implied powers in the McCulloch v. Maryland case.

The Court ruled that although the power to create a national bank was not specifically granted to Congress in Article I, Section 8, it did grant the power to coin money and regulate its value. Also, Article I, Section 8 grants Congress the power to make all laws necessary in order to carry out the specifically granted powers.

Understand the relationship of implied powers to enumerated powers.

The elastic clause streches the power of Congress by granting the power to fully carry out any enumerated power; utimately, strengthening the power of the national government.

Evaluate how contrasting interpretations of the supremacy clause and the Tenth Amendment lead to divergent views of the scope of state and national powers.

Those favoring a strong national government rely on the supremacy clause; federal law supercedes state law. Those favoring strong state governments rely on the 10th Amendment; the federal government can not encroach upon state rights.

Determine the significance of how the American federal system decentralizes our politics.

With more layers of government, more opportunities exist for political participation.