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