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Federalism Quiz
Flashcards
| Question | Answer |
|---|---|
| What is the definition of federalism | a federalist system of government s one in which power is divided constitutionally between a central government and regional sub-governments |
| "Power divided constitutionally." What does that mean? | the central government has some power, and the state (regional sub-governments have some power. The division of power is written into the constitution. |
| What are some of the benefits and drawbacks of a federalist system (divided)? (1) | 1.provides a barrier against tyranny because the power is divided between different levels of government. BUT very little gets done b/c the power is divided. |
| What are some of the benefits and drawbacks of a federalist system (diversity)? (2) | Allows for diversity because the states are so different and this increases personal liberty and choice. BUT - Diversity= difference (example: slavery in the south) |
| What are some of the benefits and drawbacks of a federalist system (proximity to the people)? (3) | Brings goverment closer to the people. BUT-when the government moves closer to the people, it becomes more vulnerable to be captured by the most powerful groups. Example=New Meico is dominated by the oil and gas industry |
| What are some of the benefits and drawbacks of a federalist system (conflict)? (4) | reduced conflict between the states and the national government because the states can have their own polices on issues without having to fight the national government for control. DB_the best interest in USA may to have a single policy |
| What are the 3 types of powers that the national government has? | Delegated, Implied, and Concurrent |
| What are delegated powers? | the 17 specific powers listed in the Constitution. Example: power to wage war, make treaties, and coin money. |
| What is the idea behind delegated powers? | The national government can only do the things listed and nothing else |
| What are Implied powers? | Congress also has the power to make any laws that are necessary and proper to carry out the 17 delegated powers |
| What are concurrent powers? | These are powers that both the states and the federal government have. Example: We pay state and federal taxes. |
| What are the 2 kinds of power that state governments have? | Reserved and Concurrent |
| What are reserved powers? | any power that is not expressly delegated to the national government is reserved to the states. |
| According to the Constitution, who has more power in our political system? Why? | The states. That have more powers that are used on a daily basis to influence the lives of American citizens. |
| What are the limits that the constitution sets forth for both levels of government? | No ex-post facto laws, no bills for attainder, right to a writ habeus corpus, The bill of Rights. |
| Explain no ex-post facto laws | no laws can be made after the fact. |
| Explain no bills of attainder. | no punishing an accused person by imprisoning him without holding a trial first. |
| Explain Rights to a writ of habeus corpus. | all accused persons have the right to be show the body of evidence against them, and the right to appear in court to hear the charges against them |
| Explain Bill of Rights | all of the specific limits in the first 10 Amendments. Government can't limit speech, press, religion, etc. |
| In addition to being an agreement between the states and the national government, what other purpose does the constitution have? What is this called? | It acts as an agreement between the states. Horizontal government |
| What are the 5 areas of relations between the states listed in the constitution? | full faith and credit clause, privileges and immunities clause, extradition, interstate compacts, original jurisdiction |
| What is the Full faith and credit clause? | promises that all states will respect each others' domestic laws, things like if you are married in one state, other states agree to consider your marriage valid. |
| What is the privileges and immunities clause? | promises that each state will provide the same fundamental rights to citizens of other states. |
| Explain extradition. | all states promise to return criminals to the state where they committed their crime. The only limit to that is if you commit an even worse crime in the second state. |
| Explain interstate compacts. | a way for states to work together on certain issues. Think of water rights across states. |
| What is original jurisdiction? | all disputes between the states lies with the US Supreme Court. If two states disagree, the course will be heard by the Supreme Court, not in either of the two states. |
| Power is not a zero -sum or static concept. Explain | Power is relative. If I am more powerful, it doesn't mean you don't have any power, just that I have more. |
| What are some of the socio-econonic changes that have occurred in American that helped shift the balance towards federal government? (4) | 1. Civil War. 2. Population growth, westward movement, development of national economy. 3. The 16th amendment. 4. World War 1 5. The Great Depression. |
| What are some of the socio-economic changes that have occurred in American that helped shift the balance towards federal government? (5-10) | 5 World War II. 6. The Cold War. 7. The Civil Rights Movement. 8. The environment movement.9. Expansion of business regulation 10 expansion of the internet. |
| Explain how the civil war affected the shift of government power. | brought an abrupt end to any notions that a state or group of states could opt out of the country |
| Explain how population growth, westward movement, and development of national economy affected the shift of government power. | all these things created a bigger, more complex society with correspondingly larger and more complex problems which was more than any single state government could address. |
| How did the 16th Amendment affect the shift of government power? | gave the fed government the right to impose an Income tax on all citizens. It meant that the fed government began to build a surplus of money. |
| Explain how World War I affected the shift of government power. | began the process of creating a national identity |
| How did the Great Depression affect the shift of government power? | the economic problems of the country was more that the states could control and the fed government stepped in to help. The fed government started helping individuals directly |
| How did World War II affect the shift of government power? | All the materials needed for the war were spread across the country. The fed government built roads, airports and shipping ports. The government became a consumer and were concerned about the quality of the goods. Fed government regulation increased. |
| How did the Cold War affect the shift of government power? | Brought massive expansion of military, crated and development of nuclear power, expansion of infrastructure. Example: building the interstate system. Massive expansion of arms |
| How did the Civil Rights movement affect the shift of government power? | gave the fed government the opportunity to create social regulation. Desegregation and the associated social policies were a huge gain in power for the fed government. They could change state laws and policies in a very direct way |
| How did the environmental movement affect the shift of government? | Clean Air Act, The Clean Water Act, the National Environmental Protection Act, the Endangered Species Act. When the fed government set standards, the states could make stronger laws but not weaker laws. |
| What are the three key parts of the Constitution that underpin federal expansion? | 1. The Necessary and Proper Clause Act. 2.The Commerce Clause 3.The bill of Rights |
| What did the 16th Amendment do? | Gave the federal government the right to collect income tax |
| What was the first federal regulation agency? | USDA |
| what is the commerce clause? | gives congress the power to regulate trade amont the states and foreign countries |
| What is the Necessary and Proper Clause? | In addition to delegated powers, the federal government can do anything necessary to carry out those powers |
| What was the Supreme Court Case that used the Necessary and Proper Clause to win it's case? | McCullough v Maryland. The fed government wanted to build a bank in MD but not pay taxes to MD state government. MD argued that fed should pay taxes b/c the bank was not a legitimate fed institution b/c it wasn't in the constitution. |
| What did the Supreme Court decided on the McCullough vs MD case | that the fed government can do essentially anything it wants, as long as it can make a connection between the new power and the delegate powers. |
| What is the Commerce Clause? | gave congress the power to oversee trade from the states to make sure they didn't charge each taxes and tariffs. The move the economy grows, the more opp there are for fed regulation. examples - min wage, worker;s comp, osha, unions |
| Who did the bill of rights protect originally. What was the supreme court case that changed that? ? | Originally meant to protect the states from the governmet. Gitlow V NY. |
| What did gitlow v NY decide? What Amendment did it use to make it's decision | Gitlow felt his right to free speech and press was suppressed by NY. It said the 14th Amendment wich promises that all citizens shall have the rights to due process and equal protection, meant that the B of R should protect individuals from governments |
| What was the 13th Amendment? | slavery |
| What was the 14th Amendment? | anyone born in this country was a citizen |
| What was the 14th Amendment? | male ex slaves have the right to vote |
| What is a state? | a political unit |
| Which Amendment states that rights and powers are reserved by the states? | 10th Amendment |
| What are the three systems of government | unitary system, confederal system, federal system |
| What is a Unitary System | places ultimate governmental authority in the hands of the national, or central government. The decisions of the lower levels of government can be overruled by the national government. Nat government can cut off the funding for local governments |
| What is a Confederal system | league of independent states, each having essentially sovereign powers.central government only handles those matters of common concern. |
| Benefits of federalism | 1. state gov are a training ground for future national leaders. 2. states can experiment with different policies before they are implemented by the fed government |
| Arguments against federalism | powerful state and local interestes block progress and impede national plans. 2. too many americans suffer as a result of the inequalities across the states. 3. dangers in the expansion of national powers at the expense of the states |
| what are enumerated powers? | Powers specifically granted to the national government by the Constitution. |
| what is the supremacy clause? | the constitutional provision that makes the constitution and federal laws superior to all conflicting state and local powers |
| what is dual federalism | a model of federalism in which he states and the nat government each remain supreme within their own spheres. |
| What is the New Deal | social welfare progrsm, creating jobs, all put into place to get people to work. increased regulations on wall street FDIC for banks |
| what is cooperative federalism? | a model of federalism in which the states and the national governments cooperate in solving problems. |
| what is picket fence federalism? | a model of federalism in which specific programs and policies involve all levels of government |
| What are categorical grants? | federal grants to states of local governments that are for specific programs or projects. |
| What are block grants? | federal programs that provide funds to state and local governments for broad functional areas, such as criminal justice or mental health programs. |
| what are federal mandates? | a requirement in federal legislation that forces states and municipalities to comply with certain rules |
| what is devolution? | the transfer of powers from a national or central government to a state or local government |
| police power | the authority to legislate for the protection of the health, morals, safety, and welfare of the people. In the US most police powers are reserved to the states |
| what is the 16th amendment? | gave the goverment a right to collect income taxes |
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