Federalism and Government Structures: Key Concepts and Cases

What is federalism?

A system of government in which power is divided between national and state governments, both deriving authority from the people.

What are the three major forms of government organization?

Federalism, Unitary Government, and Confederation.

How does the federal system work?

Both the federal government and the states derive their authority from the people.

What is a unitary government?

A system where all power is held by the national government, which may delegate authority to local units.

What is a confederation government?

A system where the national government derives its power from the states; states hold most of the authority.

How many governments exist in the United States?

About 90,106 (as of 2013).

How many local governments are in Texas (2017)?

5,343.

What are some benefits of federalism?

Allows diverse policies for a diverse population, minimizes policy conflict, brings government closer to the people, creates more participation opportunities, and encourages policy innovation in states.

What is the "laboratories of democracy" concept?

The idea that states can experiment with policies before they are adopted nationally.

What is the Privileges and Immunities Clause?

Prevents states from discriminating against citizens of other states.

What are some concerns about federalism?

Lack of national standards, potential inequities, undemocratic local interests, and uneven information flow.

What are the four types of powers in the U.S. system?

National powers, state powers, concurrent powers, and denied powers.

What are national powers?

Powers such as coining money, conducting foreign relations, regulating commerce, providing an army and navy, declaring war, and admitting new states.

What is the Supremacy Clause?

States that the U.S. Constitution and federal laws are the supreme law of the land.

What are state powers?

Powers reserved by the 10th Amendment, including regulating health, safety, and morals, overseeing elections, and establishing local governments.

What is the Reservation Clause?

The 10th Amendment, reserving powers not given to the federal government to the states or the people.

What are concurrent powers?

Powers shared by both national and state governments, such as taxing, borrowing money, enforcing laws, and spending for the general welfare.

What are denied powers?

Powers denied to both national and state governments, such as passing ex post facto laws or bills of attainder.

What were some key Supreme Court cases in early federalism?

McCulloch v. Maryland (established implied powers and national supremacy).

What were the Civil War Amendments?

13th (abolished slavery), 14th (due process and equal protection), and 15th (voting rights for former male slaves).

What is the Due Process Clause of the 14th Amendment?

Prevents states from depriving any person of life, liberty, or property without due process of law.

What is the Equal Protection Clause?

Requires states to treat individuals equally under the law.

What is remedial legislation under the 14th Amendment?

Congressional laws addressing discriminatory state laws (from Section 5).

What is dual federalism?

A system where national and state governments are separate and supreme within their own spheres ("layer cake" model).

When did dual federalism end?

In the 1930s (New Deal era).

What is cooperative federalism?

Also called "marble cake" federalism; national and state governments share power, responsibilities, and funding.

What is picket fence federalism?

A refined version of cooperative federalism focusing on policy areas with collaboration across levels of government.

What is fiscal federalism?

The system of financial relationships between national and state/local governments through grants.

What are categorical grants?

Federal funds for specific purposes with detailed requirements ("strings attached"), like Medicaid.

What are program grants?

Grants limited to a specific issue and time period.

What are block grants?

Federal funds given with few or no restrictions on use.

What is revenue sharing?

A system where federal funds are distributed to state and local governments with minimal conditions.

What is a formula grant?

Federal funds are distributed based on a predetermined formula.

What are unfunded mandates?

Requirements imposed by the federal government on states without providing funding to meet them.

What is coercive federalism?

When the federal government pressures states to comply with federal policies, often by conditioning funding (e.g., raising drinking age to 21 for highway funds).

What is competitive federalism?

States compete with each other to attract businesses and residents; can lead to a "race to the bottom."

What is preemption?

When federal law overrides or preempts state law.

What is nullification?

The idea that states could refuse to enforce federal laws they deem unconstitutional (rejected after Civil War).

What is the main advantage of federalism?

It allows local and national governments to handle issues at the most appropriate level and promotes political participation.

What is a downside of federalism?

It can create inequality between states and complicate policy coordination.