Foundations of American Democracy Unit Test

Establishment clause

No religion in government 

Full faith and credit clause

Any law passed in one state must be respected and followed by any other state in the Union

Dual Federalism

Federal government has a list of powers, all other powers are reserved for state governments 

Cooperative Federalism

System of interrelated governmental policies 

Marble-Cake Federalism

Modifies cooperative federalism, less fixed divisions of power and responsibilities

Fiscal Federalism

Market place version of federalism, people choose (move to) local and state government that best provide goods and services 

Categorical-formula grants

Congressional funds given for very specific reason, 90% of federal grants, states must follow a specific formula or requirements in order to receive funding 

Categorical-formula grants example

Medicaid (healthcare for the poor, federal government funds, states run), interstate highways, food stamps

Project Grants

Congress appropriates a fixed sum of money, states are allowed to compete with each other to receive the money 

Project Grants Example

National Science Foundation

How are project grants similar to categorical grants?

They favor federal control of local policies 

Revenue sharing 

Feds would “share” federal tax dollars with state governments to carry out policies, states would have more freedom to choose how to spend that money

Block grants 

Broad grants given to the states for prescribed activities, States have more freedom to spend the money as they choose

Are block grants favored by centralists or decentralists?

Decentralists

Block Grant Example

CARES Act—Covid Relief, housing programs

Direct Order

Federal laws require compliance with prescribed punishment 

Direct Order Example

Equal Employment Opportunity Act

Cross-Cutting Requirements

Certain conditions exist for the use of federal funds—regardless of source 

Cross-Cutting Requirements Example

Civil Rights Acts—no person can be discriminated in the use of federal funds 

Crossover Sanctions

Requirements from one grant that regulates state or local policy in another program 

Crossover Sanctions Example

Minimum drinking age supported by federal highway money (if you want the money, you have to increase the legal age) 

Total and Partial Preemption

Based on supremacy and commerce clauses, federal government laws overrule or preempt state laws

Total and Partial Preemption Example

Clean Air Act, Homeland Security, Health Care

Mandates

Laws or regulations that state governments must obey, can be funded (normally block grant) or unfunded

Mandate Examples

No Child Left Behind, Americans with Disabilities Act

Intergovernmental Lobbies

An important strategy for subnational governments to obtain resources from and influence policies in a higher-level government

Centralists

Power centralized in government

Decentralists

Power spread amongst everyone, ie: the people

“Devolution Revolution”

The effort to slow the growth of the federal government by returning many functions to the states

When amending the constitution, who is needed to propose an amendment?

⅔ of both Houses of Congress, State Legislature (never been used) 

When amending the constitution, who is needed to ratify an amendment?

¾ of State Legislatures’ approval or ⅗ of State Conventions approve (only used once for Prohibition) 

Marbury v Madison

Judicial review; has power to declare laws unconstitutional

McCulloch v. Maryland (1819)

The Federal Government has powers not explicitly stated in the Constitution in necessary, federal law is supreme to state law.

Gibbons v Ogden

Congress has power under commerce clause to regulate interstate trade - broad enough to cover trade on Hudson River

US v Lopez

Congress does not have the power to pass gun laws for schools because there is no significant impact on commerce.

Census/pop.

Determines allocation of categorical grants from fed gov.

Express Powers

Things the government can legally do 

Implied Powers

Congress can make laws that are “necessary and proper” to carry out the expressed powers (McCulloch v. Maryland)

Inherent Powers

National government has the right to act like a national government in area of foreign affairs

9th Amendment

The rights of the people are not limited to just the rights listed in the Constitution.

10th Amendment

The Federal Government only has the powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

17th Amendment

Allowed voters to cast direct votes for U.S. senators