Federalism

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26 Terms

1
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What is a federal system?

Two constitutionally recognized levels of government, each with sovereignty

2
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What does the national government have jurisdiction for? What about states?

The entire geographic area of the nation, the entire geographic area of a states borders

3
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What is a unitary system?

There is only one central, sovereign government that can create other regional goverments

4
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What is a confederal system?

Several sovereign governments agree to cooperate on policy matters while retaining ultimate authority over themselves

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What is an example of a confederal system from American history?

The Articles of Confederation

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What are the 3 reasons for why the federal system seems confusing?

Vague constitutional language, state govs have established lots of local govs, most gov services/benefits are a product of coop between two or more govs

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What are concurrent powers?

Powers that both the national and state governments have and exercise at the same time

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What are enumerated powers?

Powers of the national gov that are listed in the constitution

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What are implied powers?

Not enumerated but necessary for fulfilling enumerated powers

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What is the elastic cause?

Gives congress the power to do whatever necessary and constitutional to meet its enumerated obligations

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What are reserved powers?

The 10th amendment, all powers not delegated or prohibited by the constitution are reserved for the states

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What part of the constitution do reserved powers come from?

The bill of rights, 10th amendment

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What are police powers? Who do these powers belong to?

The states powers to protect the health, safety, lives, and property of their citizens

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What must each state guarantee to all citizens from out of state?

Provide the same privileges and immunites as its citizens

15
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What are full faith and credit clause?

Each state must comply and uphold public acts, records and judicial decisions of other states

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What is the commerce clause?

Delegates power to congress to regulate interstate and international commercial interaction

17
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How has the supreme court ruled on reproductive rights and environmental protections?

That the constitution doesn’t declare the right to termination of pregnancy and environmental protections

18
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What is dual federalism?

National-state IGR where the national government takes care of its enumerated powers and the states of their reserved powers

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What is cooperative federalism?

National-state IGR where the national gov supports state govs efforts to address their own domestic matters

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What is devolution?

The return of policy responsibilities to the state or local govs

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What is nullification?

Legal theory that state govs have the authority to invalidate national actions they deem unconstitutional

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What are grants-in-aid?

The transfer of money from one gov to another that doesn’t need to be repaid

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What are categorical formula grants?

Grant-in-aid for a narrowly defined purpose

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What are block grants?

Grant-in-aid for a broadly defined policy area

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What are mandates?

Clauses in legislation that direct state and local govs to comply with national rules

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What are preemptions?

National policy can supersede a state or local policy because it deals with an enumerated or implied power of the national gov