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Federalism
| Term | Definition |
|---|---|
| Supremacy clause | The clause in ARTICLE VI (6) of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits.(federal>state power) |
| Reserved powers | powers that belong to the states (not listed)- uses amendment 10 (- the national government can operate only within its appropriate sphere) |
| McColloch v. Maryland (1819) | Maryland taxed the bank because it was in their border James McColloch refused. James Marshall looked at the constitutional powers in the constitution (Article 1, section 8) power to tax, power of commerce/supremacy |
| Enumerated powers | listed in the constitution (AKA delegated or expressed powers) ex: regulate commerce, support Army/Navy, declare war |
| Implied powers | political powers granted to the United States government that aren't EXPLICITLY stated in the Constitution ex: create national bank |
| Elastic clause | article 1, section 8, clause 18 (necessary and proper clause) |
| Gibbons v Ogden (1824) | article 1 section 8, clause 3- congress can regulate commerce. New York gave certain individuals licenses -Ogden (state level license) gibbons (federal license) gibbons won because of supremacy/ commerce clauses overpowering state law |
| United states v. Lopez | Lopez broke the gun free school act- found unconstitutional; no relation of guns away from schools & commerce Feds gov thought it related to commerce cause people wont be in schools Rare example of limiting commerce clause (state won) |
| Concurrent powers | power state and federal governments share-ex: levy taxes, borrow money, build roads |
| Full faith and credit clause | IV ARTICLE (4)-respects of original states public acts, records, and civil judicial proceedings (ex, marriage, divorce, drivers licenses, birth certificates) |
| Obergefell v. Hodges (2015) | Michigan wanted to ban same sex marriage (contradiction with other districts) federal government used full faith and credit clause to protect married couples, 14th amendment used equal protection to have everyone treated the same |
| South Dakota v. Dole | Congress gave more federal highway funds to states w/a drinking age of 21. 7-2 decision in favor of fed. state have power to regulate drinking age, feds can take away $ if not comply. Indirect control. gen welfare (21 amendment) supremacy/commerce-highway |
| federalism | A way of organizing a nation so that two or more levels of government share formal authority over the same area and people |
| 10th amendment | The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. |
| dual federalism | A system of government in which the states and the national government each remain supreme within their own spheres, each with different powers and policy responsibilities. |
| cooperative federalism | "marble cake"- A system of government in which states and the national government share powers and policy assignments. |
| devolution | Transferring responsibility for policies from the federal government to state and local governments. |
| fiscal federalism | The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national gov’s relations with state and local governments. |
| categorial grants | Federal grants that can be used only for specific purposes, or categories, of state and local spending. They come with strings attached, such as nondiscrimination provisions. ex: Medicaid or Food Stamps |
| block grants | Federal grants given that are for more broad spending rather than a specific thing. Ex: Welfare. |
| unfunded mandate | requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements. EX: clean air act |
| 9th amendment | says that the federal government doesn't own the rights that are not listed in the Constitution, instead, they belong to the people. |
| why did framers create the federal system? | a strong federal government is necessary for certain purposes, they also liked to strong state governments, which could more effectively address problems of a local nature. |
| Where do parties stand on federalism? | Democrats favor national government Republican favor states |
| Why is federalism good? | diversity in public opinion reflected states can have different policies and still function States and cities can take a unique approach to a policy and the feds can adopt it as well losing elections less painful more opportunities to participate |
| Why is federalism bad? | resources for public services can vary from one state to the next battles between state and federal government national majority can be defeated by states EX: abortion legislation, civil rights in the south |
| reserved power example | ex: marriage laws |
| dual federalism example | ex: senate/House of representatives |
| cooperative federalism example | ex: Federal Emergency Relief Act (1933) |
| fiscal federalism example | ex: how governments spend money in a economic downturn (fiscal=money) |
Created by:
bwats5289
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