Federalism Tesst

Unitary Government

A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments.

Federalist

The sharing of power between a central government and equally sovereign state governments

What are Enumerated Powers?

Powers given to the national government alone.

What are examples of Enumerated powers

Coin and Print Money

Conduct Foreign Affairs

Raise and Maintain Armed Forces

Regulate Commerce - Article 1 Section 2

Impose Taxes - Article 1 Section 2

Reserved Powers Definition

Powers that are reserved or saved for the states. Many of these are not listed but given to the states by the 9th and 10th Amendments as well as in Article 4

Reserved Powers Examples

Control the State Militia

Conduct Elections

Set Voters Qualifications

Provide Public Education

Certify Public Teachers

Implied Powers Defintions

Article 1, Sections 2, Clause 18- Necessary and Proper Clause also know as: political powers granted to the United States government that aren’t explicitly stated in the Constitution.

Implied Powers Examples

Affordable Care Act

Border Wall

Immigration Policies

Marriage Laws

Education Laws

Concurrent Powers

Powers that are held by both the federal (national) government and the states. When in conflict, the federal government is always more powerful according to the Supremacy Clause in Article 6, Section 2 of the Constitution.

McCulloch v. Maryland-

Defined Implied powers, Elastic Clause and Supremacy Clause, its impact.

Commerce Clause definition

allows the federal government to regulate commerce

Where is the Commerce Clause in the Constitution?

Article 1, Section 2

Which supreme court cause defined the Commerce Clause.

Gibbons v. Ogden impacted interstate commerce. Gave Congress power over all commerce.

Where is the Supremacy Clause located in the Constitution

Article VI, paragraph 2

What is the order of supremacy?

The Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law

What historical events pushed the balance of power to the states?

Hammer v. Dagenhart: can’t limit what MIGHT be part of interstate commerce

U.S. v. Lopez: Criminal laws cannot be regulated under the Commerce Clause

U.S. v. Morrison: violence against women isn't economic based and therefore cannot be regulated under that clause.

Which pushed the balance of power to the national government?

Gibbons v. Ogden: said that a state's license was void and that a Congress license was ok, and gave the federal government the power to regulate interstate commerce

US v. Darby: because it allowed Congress to regulate the manufacturing of goods, not just the commerce

Wickard v. Filburn- because it got into the technicality of even though the extra wheat isn't PART of interstate commerce, it affects how much Filburn was going to contribute to the economy through his purchasing of wheat in the wheat market

Heart of Atlanta Motel v. US- stated that though it doesn't affect interstate commerce directly, by not allowing a certain race to stay at a hotel, it discourages interstate travel, which affects interstate commerce

Katzenbach v. McClung- by discriminating in a restaurant that is close to an interstate highway (where a lot of customers are out of state), it discourages interstate travel, affecting interstate commerce (restaurant also got their supplies through interstate commerce)

Gonzales v. Raich- it overruled a state's say in legalizing medical marijuana

US v. Lopez?

Limited

Heart of Atlanta Motel v. US?

Expanded

US v. Morrison

Limited

US v. Darby

Expanded

Gonzales v. Raich

expanded

Categorical Grants:

Federal grants for specific purposes, such as building an airport

Project grants:

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications

Formula Grants:

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

Block Grants:

Federal grants given more or less automatically to states or communities to support broad programs in social services.

Funded Mandates vs. Unfunded Mandates

Funded mandates are rules that the government helps the states pay for while Unfunded mandates are not paid for by the federal government, but that state’s still have to do it.

Examples of mandates

Social Security Act, Asbestos Emergency Response Act, Americans with Disabilities Act, No Child Left Behind Act, Child Nicotine Poisoning Act

Advantages of Federalism

More levels of Government leads to an increase in political participation

More levels of Government, increases access to Government

Government is more responsive to demands

Particle parties could still have influence at local and state levels, which could help with peaceful transfer of power

Disadvantages of Federalism?

Some states lack the resources for education

Differences in welfare benefits may attract those who aren’t in so much need and take away from those who are

Too much Government

Dual Federalism

A system of government in which both the states and the national government remain supreme, each responsible for some policies. (Layer cake = equal proportions)

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. (Marble cake = lines are blurred between federal and state government)

Fiscal Federalism

The pattern of spending, taxing, and providing grants between the federal government and the states (Marble cake = lines are blurred between federal and state government)