Baddie deck

Federalism

Unitary
- System where a single central government holds the majority of power.
- Examples: Dictatorships or monarchies where local governments derive authority from the central government.
Confederate
- A union of sovereign states or regions with a weak central authority.
- Example: Articles of Confederation, which provided minimal federal power, particularly evident during the South's governance during the Civil War.
Federal
- A system that divides power between a national government and various regional governments, with federal supremacy meaning federal law prevails in case of conflict between state and federal laws.

Federal:
- It creates a balance of power and serves to control factions, allowing a diversity of interests to coexist.
- Establishes a system where the national government holds several expressed/enumerated powers, while states retain reserved powers under the 10th Amendment.
Pluralist System:
- Recognizes multiple sources of authority including federal, state, and local levels, each with defined powers to enhance citizen participation while limiting factionalism.

Expressed (Enumerated/Delegated):
- Outlined in Article I, Section 8 of the Constitution, these powers are granted to the national government and take precedence over state powers.
- Examples include the power to tax, regulate commerce, declare war, and maintain an army.
Implied:
- Derived from the Elastic Clause (Clause 18), these powers are not explicitly stated but are assumed as necessary to execute expressed powers.
- Examples include the establishment of a national bank based on the power to tax and borrow money.
Inherent:
- Powers that are not written or tied to expressed powers but are necessary for a nation-state’s functioning.
- These include the ability to acquire territory, recognize foreign states, and control immigration.
Reserved Powers:
- As stipulated in the 10th Amendment, these powers are reserved for the states, meaning any powers not explicitly given to the federal government remain with the states.
- This includes powers regarding education, local law enforcement, and transportation.
Concurrent Powers:
- These powers are shared between national and state governments, such as the power to tax, build roads, and create lower courts.

Concerns how states interact with and recognize each other’s laws and processes, promoting equality among states.
Full Faith & Credit Clause:
- Requires states to respect the public acts, records, and judicial proceedings of every other state, including driver’s licenses and court rulings.
- Additionally, it prohibits states from discriminating against citizens of other states, which supports cooperative federalism.

Dual Federalism (Layer Cake Federalism):
- This was the dominant system in U.S. history from 1787 to 1930.
- Characterized by clear distinctions and separations between national and state government responsibilities, akin to layers of a cake.
- Confirmed states' rights under the 10th Amendment in areas like education and local infrastructure.
Cooperative Federalism (Marble Cake Federalism):
- Emerged during the Great Depression, characterized by intertwined responsibilities and partnerships between the state and national government.
- An example is federal funding for state social programs, which often requires states to adopt federal policies to receive federal funds.

Pattern of Spending, Taxing, and Providing Grants:
- This explains how funds are allocated, influencing state policy and administration.
Categorical Grants:
- These are allocated for specific purposes, such as education, healthcare, or infrastructure, often involving complex formulas to determine funding levels.
Block Grants:
- Allows states more discretion in how funds are used, enabling them to address local needs while still adhering to broad federal guidelines.
Federal Mandates:
- Requirements imposed by the federal government that states must comply with, often unfunded mandates that require states to implement certain regulations without federal financial support.

Democrats:
- Tend to favor more federal control, supporting initiatives like FDR's New Deal and LBJ's Great Society, which expanded Medicare and education funding through categorical grants.
GOP (Republican Party):
- Advocates for less federal intervention, promoting policies like Reagan's New Federalism that emphasize block grants and a return to dualism in government relationships.

McCulloch v. Maryland (1819):
- Established the principle of national supremacy and affirmed the federal government’s implied powers.
Gibbons v. Ogden (1824):
- Clarified the federal government's power over interstate commerce, allowing it to regulate trade between states.
Civil Rights Decisions:
- Judicial rulings asserting that federal powers could prevent discrimination (e.g., Heart of Atlanta Motel case).

Judicial Activism:
- The philosophy that the Supreme Court should actively engage in overturning state laws that violates civil rights or constitutional principles.
Judicial Restraint:
- The philosophy prioritizing state authority, resisting aggressive intervention unless absolutely necessary.

Dominance by Factions:
- Smaller political units may allow factions to obstruct progress and cause inequality in policy implementation across states.
Inequality Among States:
- Educational and healthcare funding disparities exist, leading to significant differences in service delivery and outcomes.

Shared Resources:
- Allows states to share resources and cooperate in innovation, providing a balance of power between state and federal governments.
State Experimentation:
- States often serve as testing grounds for innovative policies that can be adopted federally if successful, such as California’s pioneering environmental regulations.

Civil Liberties and Rights:
- Guarantees legal constitutional protections against government actions. Key amendments include freedom of speech, assembly, and religion, all fundamental to American democracy.

Ex Post Facto Law:
- A law that applies retroactively, making an act illegal after it has been committed.
Habeas Corpus:
- The legal right for individuals to seek relief from unlawful detention.
Bill of Attainder:
- A legislative act declaring a person guilty without a trial.