#3 Federalism

What is dual sovereignty in the U.S. federal system?

The Constitution creates two sovereign levels—national and state—each with ultimate authority over separate policy matters and geographic areas.

How does U.S. federalism differ from unitary and confederal systems?

Unitary: central govt dominates. Confederal: states dominate. Federal: power split; Constitution assigns national powers, reserves others to states.

What areas fall under national vs. state jurisdiction?

National: entire U.S. State: within borders of each state. Each level is sovereign in its own domain.

What are concurrent powers and their effect on governance?

Both levels can make policy, raise/spend money, enforce laws, maintain courts; states may delegate to local govts, promoting shared governance.

What are enumerated powers and why are they important?

Article I powers (commerce, coinage, defense, welfare) define clear national authority and limit overreach into state matters.

How do implied powers expand federal authority?

Derived from the Necessary & Proper Clause; allow Congress to enact laws beyond explicit text, like creating a national bank.

What executive powers strengthen national sovereignty?

Treaties (with Senate consent) and ambassador appointments extend U.S. influence internationally and uphold constitutional authority.

What judicial powers does the federal government hold?

Article III: interpret constitutionality, federal statutes, treaties, and interstate disputes, ensuring national legal uniformity.

What is the Supremacy Clause and its impact?

Article VI: national laws trump conflicting state/local laws within constitutional authority, ensuring a unified legal framework.

How do treaties with Indian Nations illustrate federal supremacy?

Treaties are supreme law, apply on reservations, override state taxes, crime, or environmental laws, protecting tribal sovereignty.

What are reserved powers under the 10th Amendment?

Powers not delegated to the U.S. are reserved for states/people, e.g., health, safety, morals, intrastate commerce, and policing.

How do states exercise electoral and amendment powers?

States choose presidential electors, redraw House districts, and ratify amendments (3/4 approval), shaping national politics.

What is horizontal federalism and its mechanisms?

Article IV: states honor each other’s acts (Full Faith & Credit), return fugitives (extradition), and form compacts with Congress approval.

How did the 2016 Supreme Court ruling affect state recognition of adoptions?

Required states to honor same‑sex parent adoptions across borders, showing Full Faith & Credit in protecting family rights.

What was McCulloch v. Maryland’s significance?

1819: Confirmed national bank constitutionality via implied powers; states cannot tax it, affirming federal supremacy.

How did Gibbons v. Ogden define interstate commerce?

1824: Broad definition allows federal regulation of navigation, expanding Congress’s commerce power.

What did the 1937 Social Security Act ruling establish?

Federal welfare programs constitutional under general-welfare power, clarifying federal-state responsibilities.

How did U.S. v. Lopez limit federal power?

1995: Gun-Free School Zones Act exceeded commerce clause, protecting state police powers.

What precedent did South Dakota v. Dole set?

1987: Federal government may incentivize but not force states (e.g., drinking age) via conditional funding.

How did NFIB v. Sebelius affect Medicaid expansion?

2012: ACA’s mandatory expansion coercive; states choose expansion, limiting federal overreach.

How do states expand rights beyond federal baseline?

States use constitutions for environmental, speech, or property rights; 14th Amendment ensures minimum protections.

What defined dual federalism (1789
1932)?

National & state governments operate independently in separate spheres, minimal overlap.

How did cooperative federalism work during the New Deal?

Federal grants foster joint programs, blending national and state roles to address economic crises.

What characterizes centralized ("New") federalism?

1960s
present: national mandates dominate states, often via funding conditions.

How does conflicted federalism create tension?

21st century: overlapping dual, cooperative, and centralized powers cause disputes and legal conflicts.

What is partisan federalism?

Policy preferences, often aligned with party control, determine whether states favor national or state action.

What is devolution and its political impact?

Contemporary push (Reagan/Bush) to return policy-making/financing to states, enhancing local control.

How do categorical formula grants shape state action?

Fixed formula, narrow purpose, strings attached (e.g., Medicaid), ensuring federal priorities are met.

What are categorical project grants?

Competitive, narrow-purpose funding (e.g., RESPECT), allowing states/agencies to propose specific projects.

How do block grants affect state discretion?

Broad-purpose, fewer strings (e.g., TANF), giving states flexibility in program use.

What is the difference between funded and unfunded mandates?

Funded: federal govt covers costs. Unfunded: states bear some/all costs (e.g., drinking-age laws).

How does preemption affect state law?

Federal law supersedes conflicting state/local laws within national powers, common in aviation/environment.

What forms of nullification exist?

True nullification rare; states may refuse enforcement (non-acquiescence) or pass conflicting laws.

How did the Supreme Court rule on ACA’s Medicaid expansion?

Individual mandate upheld; mandatory Medicaid expansion struck down as coercive, leaving state choice.

What political patterns emerged in ACA expansion?

Democratic states expanded Medicaid first; Republican states resisted, later accepted waivers, showing federalism dynamics.

What are the benefits of multiple access points in federalism?

Citizens can engage locally, state, or national levels, increasing participation opportunities.

How can federalism cause voter confusion?

Over 500,000 officials & overlapping policies create fatigue, complexity, and monitoring challenges.

How does federalism enable policy experimentation?

States serve as “laboratories of democracy,” testing solutions tailored to regional needs.

What are risks of uneven state policies?

Rights and services vary (e.g., marijuana, tuition), leading to inequality across states.

How does national action on cross-state issues benefit the public?

Ensures coordinated defense, immigration, or regulation, addressing problems states alone cannot solve.

How can federalism lead to gridlock or conflict?

Overlapping powers cause lawsuits, sovereignty disputes, and policy conflicts, risking public distrust.

How does cooperative intergovernmental relation function today?

Joint funding and implementation (e.g., Medicaid), blending state and federal efforts.

How does conflictive intergovernmental relation appear?

States sue federal government over immigration, environmental standards, or voting laws.

How does political polarization influence federalism?

States act as policy labs when Congress is gridlocked; partisan alignment affects national vs. state action.