POLS 151 Exam 1 Study Guide - Federalism
PS 151 | Exam 1 Study Guide
Unit 3: Federalism Questions (for Quiz 3 and Exam 1)
Note on Exam 1
Date: Thursday, October 9th
Test Format:
Consists of 50 multiple-choice questions.
Each question is worth 2 points, totaling 100 points — which accounts for 10% of the POLS 151 course grade.
The exam will follow a format similar to previous quizzes and will repeat some quiz questions.
Recommendations: After reviewing the study guide questions thoroughly, students should be well-prepared for the exam.
Coverage for Exam 1
Knowledge, Democracy, and the Declaration of Independence
The Constitution
Federalism
Federalism
1) Definition and Models of Government
What is Federalism?
Federalism refers to a system of governance in which power is divided between a central authority and constituent political units (like states).
Comparison with Other Models:
Unitary System: In a unitary system, the majority of political power resides with a central government. Local governments may exist, but they derive their authority from the central government.
Confederal System: In a confederal system, a union of sovereign states delegate some of their powers to a central government for specific purposes; however, the primary authority remains at the state level.
Sovereignty Locations:
In federalism, sovereignty is shared between national and state governments.
In a unitary system, sovereignty resides with the national government.
In a confederal system, sovereignty is retained by the member states, leading to decentralized governance.
2) Durability of Confederations
Do Confederations last?
Generally, confederations tend to be less stable and long-lasting than federal systems due to their lack of strong central authority.
Examples:
The Articles of Confederation (1781-1789) — ultimately replaced by the U.S. Constitution due to inefficiencies.
The European Union has confederal aspects but operates under numerous treaties rather than a singular constitution.
3) Levels of Government in the U.S. Federal System
Constitutionally recognized levels of government:
The U.S. federal system recognizes three levels of government: federal, state, and local (municipal and county).
4) State Governance of Local Governments
Constitutional Guidance:
The U.S. Constitution does not explicitly outline how states should govern local, county, or municipal governments.
States have broad discretion regarding how they structure and manage local governments. Local governments typically operate under state laws.
5) Legal Status of Recreational Marijuana in Washington State
In Washington State, recreational marijuana is legal under state law. However, federal law still classifies marijuana as illegal.
6) Gonzales v. Raich (2005)
Case Overview:
Issue: The conflict involved federal authority to regulate drugs versus state-authorized medical use of marijuana.
Constitutional Powers Involved:
Commerce Clause (Article I, § 8): Grants Congress the power to regulate interstate commerce.
Necessary and Proper Clause (Article I, § 8): Allows for legislation allowing Congress to carry out its enumerated powers.
Outcome: Congress's power to ban marijuana cultivation under federal law prevailed due to its connection to interstate commerce.
7) Supremacy of Federal Laws
Constitutional Provision:
The Supremacy Clause (Article VI) establishes that federal laws are the supreme law of the land, superseding state laws.
Implication: This means that when state and federal laws conflict, federal law prevails.
8) Power to Regulate Interstate Commerce
Definition:
The power to regulate interstate commerce allows Congress to manage trade and economic activities occurring between states.
Institution:
This power is held exclusively by Congress.
9) Necessary and Proper Clause
Description:
The Necessary and Proper Clause allows Congress to enact laws that are deemed necessary and proper for executing its enumerated powers.
Significance in Federalism: It provides flexibility in legislation and enables the federal government to address issues that may arise that were not explicitly provided for in the Constitution.
10) Enumerated vs. Implied Powers
Definitions:
Enumerated Powers: Powers expressly granted to Congress by the Constitution (e.g., taxation, regulation of commerce).
Implied Powers: Powers not explicitly stated but inferred from the Constitution’s necessary and proper clause.
Examples of Enumerated Powers:
The power to levy taxes.
The power to declare war.
The power to regulate foreign commerce.
11) Military Draft and Implied Powers
Military Draft:
The imposition of a military draft is generally considered an implied power of Congress.
Source: Implied from the enumerated power to raise and support armies.
Air Force:
Operating the Air Force is also considered an implied power, derived from the same enumerated powers related to national defense.
12) Powers Reserved to States
10th Amendment:
Powers not delegated to the federal government are reserved for the states or the people; these powers are referred to as reserved powers.
Examples of Reserved Powers:
Regulating education.
Conducting elections.
Issuing licenses (such as marriage and driving licenses).
13) States’ Police Powers
Definition:
Police powers are the inherent authority of the states to legislate for the health, safety, welfare, and morals of the public.
**Examples:
Enforcing criminal laws.
Protecting public health (e.g., regulations for insuring safe food and water supplies).
Zoning regulations and building codes.
14) Denied Powers to National Government
Examples of Denied Powers:
Congress cannot establish a national religion.
Congress cannot deny individuals their right to a fair trial.
Regarding New States: Congress cannot admit new states without the consent of existing states.
15) Denied Powers to the States
Examples:
States cannot enter into treaties with foreign governments.
States cannot coin money.
States cannot levy duties on imports or exports without the consent of Congress.
16) Election Powers under the U.S. Constitution
Article I, Section 4:
The power to “determine the time, place, and manner” of federal elections is granted to states.
Nature of Power:
This is considered a shared power; states may legislate but are subject to federal standards.
Constitutionality of Executive Orders:
An executive order to ban mail-in voting or strictly control voting methods without Congressional approval may be unconstitutional.
17) Shared Powers
Definition:
Powers that are shared by both national and state governments.
Examples:
Power to tax.
Power to build roads.
Power to create lower courts.
18) Dual vs. Cooperative Federalism
Dual Federalism:
Refers to a clear distinction and separation between the responsibilities of federal and state governments.
Cooperative Federalism:
Involves collaboration between federal and state governments to address complex issues, often leading to shared administration of government functions.
19) Evolution of Federalism in the U.S.
Historical Model:
The United States initially practiced dual federalism, characterized by minimal overlap in powers between the federal and state governments.
Changes:
Major shifts began during the New Deal era under President FDR, which introduced more federal involvement in state affairs, leading to cooperative federalism.
20) Return of Authority to States
Term:
The term used to describe the process of returning authority to the states from the federal government is devolution.
21) Categorical vs. Block Grants
Categorical Grants:
These grants must be used for specific purposes defined by the federal government, expanding federal authority over states.
Block Grants:
These grants provide states with more discretion in how to allocate funds, devolving power back to the states.