Federalism Flashcards

Flashcards covering key concepts of Federalism, including its definition, types, historical context, and relevant Supreme Court cases.

What is Federalism?

A system of government in which power is divided by a constitution, between a central government and regional governments.

What is a Unitary System?

A centralized government system in which lower levels of government has little power independent of the national government.

What are Expressed Powers?

Specific powers granted by the Constitution to Congress (Article 1, Sec. 8) and to the President ( Article II).

What are Implied Powers?

Enable Congress to make all Laws which shall be necessary and proper for carrying into Execution the Foregoing Powers

What are Reserved Powers?

Powers not specifically delegated to the national government or denied to the states.

What is Police Power?

Power reserved to state governments to regulate the health, safety, and morals of the citizens.

What are Concurrent Powers?

Authority possessed by both state and national government such as the power to levy taxes.

What is Horizontal Federalism?

Refers to the relationship between states, where states coordinate with each other.

What are Privileges and Immunities in the context of state obligations?

States are required to grant the same privileges and immunities to citizens of other states as they grant to their own citizens.

What is Home Rule?

Power delegated by the state to a local unit of government to manage its own affairs.

What was the Defense of Marriage Act (1996)?

Ruled that states would not have to recognize a same-sex marriage from another state and also the same-sex marriage partners would not be eligible for the federal benefits.

What was the key holding in United States vs Windsor (2013)?

The Court held that Section 3 of the Defense of Marriage Act, which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment.

What was the ruling in Obergefell v. Hodges (2015)?

The fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

What is Marble Cake Federalism?

Based on a pragmatic mixing of authority and programs among the national, state, and local governments.

What is Layer Cake Federalism?

Based on a clear delineation of authority and programs among the levels of government.

What is Dual Federalism?

A constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others.

What was the role of Chief Justice Marshall (1801-1835) in Federalism?

Promoted national power at the expense of state power.

What was the central issue in McCulloch v Maryland (1819)?

The Supreme Court considered whether Congress had the power to create a national bank and whether the state of Maryland had interfered with congressional powers by taxing the national bank. The Supreme Court ruled in favor of McCulloch.

What did the 13th Amendment do?

Abolished slavery.

What did the 14th Amendment do?

Granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws.

What did the 15th Amendment do?

States: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

What was the significance of McCulloch v. Maryland (1819) in terms of fundamental shifts in federalism?

Allowed Congress to use its implied powers expansively, especially as they related to commerce.

What was the significance of Gibbons v. Ogden (1824) in terms of fundamental shifts in federalism?

Established the supremacy of Congress over all matters affecting interstate commerce, but left open the definition of interstate commerce.

What programs did FDR pursue in Cooperative Federalism?

National Insurance program for the elderly ( Social Security Act 1935)

What are Categorical Grants?

Money granted by the federal government to state and local governments, with strict limitations on how it is to be spent.

What are the types of categoricals grants

Project and Formula

What are Block Grants?

States get considerable leeway in spending federal dollars.

What is Coercive Federalism?

Federal regulations force states to change their policies to meet national goals.

What was the ruling in Garcia v. San Antonio Metropolitan Transit Authority, (1985)?

The Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act to state and local governments.

What was the ruling in Gonzales vs Raich ( 2005)?

Under the Commerce Clause of the US Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.