Chapter 3: Federalism

What is a federal system of government?

sovereignty is divided between a national government and state governments, each finals in its own sphere

What is a unitary system?

only the national government has sovereignty; subnational units can be overridden

What is a confederacy?

sovereignty rests entirely with the sub-national governments; the national government has only the power the states grant it

What powers did Congress lack under the Articles?

no power to tax, no power to regulate commerce

How did states behave under the Articles?

acted in self-interest

What happened when Shays’ rebellion broke out?

Massachusetts asked for national help, but there was no national army and no money

Why did the farmers create a divided/federal system instead of a unitary one?

delegates like George Mason insisted on keeping the states, and the Constitution needed state ratification

What did each level of government need to remain independent?

the power to tax

Who objected to “We the People” language in the Constitution?

Patrick Henry, who favored state sovereignty over national governemnt

What did opponents of the Constitution fear about the Necessary and Proper Clause?

that it was an open-ended grant that could let federal power expand endlessly

What does the 10th Amendment say>

powers not delegated to the U.S. by the Constitution are reserved to the states

What are “reserved powers”?

powers belonging to the states, not given to the federal governemnt

What does modern practice show about 10th amendment protection?

states only control policy areas the federal government has already claimed-weaker protection than originally thought

What are the 3 clauses central to the shift toward federal power?

necessary and proper clause, commerce clause, taxing and spending clause

What does the Commerce Clause grant Congress?

power to regulate commerce among the states

What does the taxing and spending clause grant congress?

authority to tax and spend

What sparked the McCulloch v. Maryland case?

Maryland taxed the National Bank’s branch, and bank manager James McCulloch refused to pay

How did the Supreme court rule in McCulloch v. Maryland?

in favor of national authority-congress could create the bank under the necessary and proper clause; Maryland’s tax was struck down under the supremacy clause

What principle did McCulloch v. Maryland establish?

implied powers - congress has broad, unlisted powers beyond those explicitly stated

What was the FDIC, and why was it created?

federal deposit insurance corporation; created during the depression to insure bank deposits and restore public confidence

Why did the Supreme course initially strike down new deal programs?

it interpreted the commerce clause narrowly, ruling things like coal weren’t part of the interstate commerce

What was the “switch in time that saved nine”?

justice roberts switched his veto, giving Roosevelt a 5-4 majority and ending the court’s opposition to new deal programs

How broad is Congress’s commerce power today, per modern interpretation?

as broad as the economic needs of the nation

What did Butler v. United States establish?

congress’s taxing/spending power is limited only by the requirement that it serve the “general welfare”

How did congress get states to raise the drinking age to 21 without a direct mandate?

by threatening to withhold 10% of federal highway funds from non-compliant states

What did the Supreme court rule in the South Dakota drinking-age case?

the law was a valid use of congress’s spending power under the general welfare clause

What is fiscal federalism?

using federal funds to extend federal influence into policy areas traditionally reserved for the states

What is medicaid, and can states reuse it?

a federal grant program for healthcare aid to low-income residents; states can refuse it i

What’s the trade-off if a state accepts a federal grant?

it must follow federal requirements on how the money is used

What is a categorical grant?

a federal grant designated for a specific purpose

What is a block grant?

a federal grant for a general policy area, giving states flexibility in how to spend it

Who pushed to convert categorical grants into block grants?

president ronald reagan

What did the 1996 Welfare reform acts do?

limited welfare assistance to 5 years; required able-bodied recipients to seek work/training

What federal actions increased federal power after 9/11?

creation of the TSA and the no child left behind act

What did the 2010 ACA require of large businesses?

provide employee health insurance or pay a penalty

What was the “individual mandate”?

the requirement that individuals have health insurance or pay a penalty

Why did states challenge the individual mandate

26 republican-controlled states argued it was an unconstitutional exercise of federal power

On what constitutional basis did the supreme court uphold the ACA’s individual mandate?

congresses’ taxing power-the “penalty” was ruled to function as a tax

Did the supreme court accept the commerce clause argument for the mandate?

no - the court ruled congress can regulate commerce but can’t force individuals to engage in it

What happened to the individual mandate in 2017?

congress eliminated the tax penalty for not having insurance

What are “concurrent powers”?

powers shared by both federal and state government (levy taxes, borrow money, make/enforce laws, establish courts, charter banks)

Name examples of enumerated powers of congress

collect taxes, borrow money, coin money, establish national courts, regulate interstate/foreign commerce, raise armies, declare wat

What is the necessary and proper clause also known as?

the elastic clause-grants congress broad authority to act in furtherance of its enumerated powers

What restrictions does Article I, Section 10 place on states?

states cannot enter treaties with foreign governments, coin money, levy taxes on imports/exports, suspend habeas corpus, pass bills of attainder, or pass ex post facto laws

How do the 14th, 15th, 19th, and 26th Amendments restrict state power specifically?

14th bars states from denying constitutional rights; 15th/19th/26th bar states from denying the vote based on race, sex, or age

What did the 16th amendment authorize?

congress to tax individual income without apportioning it to states based on population

How did the civil war affect national vs. state power?

union victory shifted the balance toward national power; states stopped asserting a right to challenge constitutionally enacted federal laws

What is dual federalism?

a political arrangement where national and state governments act within distinct, separate areas of jurisdiction-the “layer cake” model

What is cooperative federalism?

beginning in the great depression, national and state governments coordinate efforts across overlapping areas-the “marble cake” model

What is “new federalism,” and who pursued it?

an effort to restore power to the states via decentralization and revenue shairng

What are land grants (historically?

18th/19th-century federal grants of land (rather than cash) used to promote state action

What are unfunded mandates?

federal laws/regulation requiring state or local government to take on obligation without full federal compensation

What is competitive federalism?

when federal policy doesn’t align with state/local policy, creating conflict-seen in issues like immigration, same-sex marriage, and marijuana legalization

What are the benefits of federalism?

encourage policy innovation at the state level; states can pioneer changes that later spread nationally

What are the drawback of federalism?

disparities across states; multiple layers of bureaucracy can create inefficiency or conflict