TX Govt Ch. 3 - Texas in the Federal System

What is the significance of Shelby County v. Holder (2013)?

It struck down Section 5 of the Voting Rights Act of 1965 (Preclearance Section) which required states and local governments with a history of discrimination to have their district maps cleared by the Department of Justice after each redistricting and to have approval of their voting plans for elections

What noticeable difference occurred with the number of voting locations in 2016 in states that had previously been included in the Preclearance requirement of the Voting Rights Act after it was struck down by Shelby Co. v. Holder?

There were over 800 fewer voting locations in states and local governments that had previously been required to get Justice Department clearance of their plans. Most of the eliminated locations were in poor or minority heavy areas.

Which amendment to the U.S. Constitution granted the federal government the power to collect income taxes?

16th Amendment

The dual powers of state and federal governments are created by which document?

U.S. Constitution

What principle of the U.S. Constitution represents the idea that the power of state and federal government comes from the people?

Popular Sovereignty

What is federalism?

governing authority over a land and its people are shared by the state and national government

Which amendment to the U.S. Constitution is referred to as the "states' rights amendment"?

10th Amendment

What is the main characteristic of the landmark cases decided under Chief Justice John Marshall?

The Supreme Court generally supported and expanded the authority of the national government over the state governments

What is the significance of McCulloch v. Maryland?

the federal government had other powers that were implied because of the necessity that they have them to carry out their constitutional responsibilities (implied powers)

What is the significance of the Nullification Crisis?

South Carolina attempted to assert that it had a right and the authority to cancel legislation passed by Congress with which it disagreed

What is the significance of Gibbons v. Ogden?

the Supreme Court expanded the definition of the Commerce Clause to include basically all commerce under the authority of Congress

According the 10th Amendment, any powers not delegated to the national government belonged where?

to the states and to the people

Most scholars refer to the form of federalism that was characteristic of the U.S. from its founding until 1932 as what kind of federalism?

Dual Federalism

What is the primary characteristic of dual federalism?

the national government and state governments have very little interaction and have separate spheres of authority with little national government intervention in the social arena

What is the other name given to dual federalism by Morton Grodzins?

Layer-cake federalism

What did the Social Security Act create for all the people who joined it in 1935?

- national retirement pension

- unemployment insurance

- aid for the blind and disabled

- aid for poor elderly persons

Which president marks the turning point in the dramatic expansion of the role of government in modern history?

Franklin D. Roosevelt

What caused the dramatic shift in the public perspective on the role of the national government?

Great Depression and the Dust Bowl

What was the name of the series of government programs created by Franklin D. Roosevelt to deal with the Great Depression that dramatically expanded the size and role of the federal government?

The New Deal

How did the role of government change with the FDR's New Deal and LBJ's Great Society programs?

the federal government became much more involved with the daily economic and social lives of the individuals and states

What is the main characteristic of the era of cooperative federalism that began with the New Deal?

National government priorities with joint funding and administration of programs

How have block grants changed the financial relationship between the states and national government?

Block grants gave the states more leeway in making decisions for how to spend money to solve issues in a broad category for which the grant is intended - like transportation

What is the purpose of a community development block grant (CDBG grant)?

This form of block grant can be used for a wide array of programs from historical revitalization to things like after school programs and community programs like meals on wheels or computer classes for adults

What are categorical grants?

Categorical grants are awarded to states based on formulas or need and are targeted for specific needs and have specific requirements such as funding for school lunches for the poor and special education spending.

What is the significance of the Supremacy Clause?

Declares that the Constitution, amendments to the Constitution, national laws, and treaties are supreme over all state laws

What is preemption?

the number of national mandates and requirements that come with money preclude states from being able to make their own decisions on issues

What is an unfunded mandate?

A requirement that the state take action but there is no money from the national government to offset any costs

What is one of the most clear examples of an unfunded mandate in modern history?

Standardized testing requirement of No Child Left Behind (NCLB) that requires all states to create and administer a test for grades 3 through 8 and for specific subjects in high school.

What has been the general position of Texas state leaders on Obamacare?

the belief that it is unconstitutional and an overly broad reach by Congress in the exercise of their power to implement the Commerce Clause

Which Supreme Court case ended the federal mandate that states and local governments conduct background checks under the James Brady Act (Brady Bill)?

Printz v. United States

What is the practice of the Supreme Court applying the Bill of Rights one piece at a time to the states?

Doctrine of Selective Incorporation

Which Amendment is the most recent one to have been applied to the states?

2nd Amendment

Why did the Bill of Rights not originally apply to the states?

Because it was part of a national document and created to restrain the national government

How did the Bill of Rights eventually become applied to the states?

The passage of the 14th Amendment - Equal Protection Clause

What is the significance of Plessy v. Ferguson?

Created the doctrine of "separate but equal" allowing for the development of the Jim Crow segregation laws of the South

What is the significance of Brown v. Board of Education [of Topeka]?

It overturned Plessy v. Ferguson and ended the doctrine of "separate but equal" requiring that all schools desegregate

What is the concept that allows states to give more rights to their citizens than even those mentioned in the U.S. Bill of Rights?

Independent state grounds

The idea that the federal system has become more intrusive and that it basically forces states to change their policy is represented by which concept of federalism?

Coercive federalism

Which presidents are most associated with the idea of New Federalism?

Nixon and Reagan

What are the characteristics of New Federalism?

- Deregulation

- Devolution

- Privatization

What is the concept of devolution as it relates to federalism?

Handing down the responsibility for managing programs to the states (lower levels of government)

What is the prime example of devolution?

Welfare Reform Act of 1996 (Personal Responsibility and Work Opportunity Reconciliation Act)

How did the Welfare Reform Act of 1996 change the role of the federal government?

Programs, like food stamps, were given to states to manage and determine qualifications while federal funding for the programs was reduced

What is privatization as it relates to New Federalism?

The idea that giving contracts to private companies to conduct the work that used to be done by the federal government will give us a better product and less expense (has been largely disproven)