Week 6: Federalism (CHAPTER 4)

Flashcards about federalism, covering its definition, types, advantages, disadvantages, and the relationship between state and federal governments.

Social Contract Theory

The people were sovereign but facilitate order and security by delegating power to other authorities, creating a government to allocate rights.

Federalist 51

Madison argues that the division of power and functions between the executive, legislative, and judicial branches, as well as between national and state layers of government, provides a double security through checks and balances.

Implied and enumerated powers of the states

Ratification of amendments, conduct of national and state elections, and establishment of state and local governments.

Traditional powers of the states

Power to pursue morality and order, health, safety, and general welfare, education, and to specify contracts and licenses.

Concurrent Powers

Power to regulate commerce, establish courts, enforce laws through police, spend money on general welfare, tax, and take property for public purposes.

Exclusive National Power

Power to coin money, conduct foreign relations, regulate commerce among states and with foreign nations, declare war, create a national military, establish post offices, and to do what is “necessary and proper”.

Dual Federalism

National government rules by enumerated powers, has limited constitutional purposes, each government unit is sovereign within its sphere, and the relationship is characterized by tension. “Layer Cake”

Cooperative Federalism

Overlap between state and national functions, joint action by national and state agencies, shared power, and power is not concentrated at any level. “Marble Cake”

Forces Prompting Changes in Federalism

National crises and demands (e.g., Great Depression), judicial interpretations, expansion of grants-in-aid, preemption, and unfunded mandates.

Judicial Interpretation in Federalism

Federal court interpretations of the Constitution and federal laws influence the relationship between national and state governments, swinging between favoring states' rights and national power.

Categorical Grants

Federal funds restricted to certain state programs, giving the federal government power to put restrictions on funds; includes formula and competitive/project grants.

Block Grants

Federal funds for state programs addressed to a general concern, with fewer restrictions and more local control/choices.

Preemption

The power of Congress to enact laws that have the national government assume total or partial responsibility for a state function.

Unfunded Mandates

Laws passed by Congress that require states to undertake an activity or provide a service in keeping with a national standard, often without providing the funds to do so.

National Crises and Demands (Influence on Federalism)

Events like the Great Depression and 9/11 expanded federal authority to address widespread issues.

Professionalization of State Governments (Influence on Federalism)

Enhanced capabilities have allowed states to take on more responsibilities and innovate in policy-making.

New Federalism

A movement to return powers to the states, emphasizing block grants and reducing federal mandates.

Coercive Federalism

The federal government pressures states to implement policies through mandates and regulations.

Advantages of Federalism

Encourages political participation, allows for policy experimentation at the state level, and accommodates regional diversity.

Disadvantages of Federalism

Can lead to inconsistent policies across states, potential for duplication of services and inefficiencies, and complexity may confuse citizens.

Policy Conflicts (California)

progressive policies that may conflict with federal directives, leading to legal and political disputes.

Fiscal Dependencies (California)

reliance on federal funding for various programs underscores the complexity of intergovernmental relations.

Areas of Cooperation (California)

state and federal governments work collaboratively, such as disaster response and infrastructure projects.

Impact on Residents (California)

The interplay between state and federal policies directly affects Californians, influencing areas like healthcare, education, and environmental regulations.