Chapter 3
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| What is federalism? | power is divided btwn the national government and the states
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| Why are powers divided in federalism? | to limit power of the government
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| How does federalism limit national and state government? | by creating 2 levels of government
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| what are the two levels of government? | national and states
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| National & state both have large measures of _________ & are thus able to __________ of the other | sovereignty, restrain the power
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| What does separation of powers make in the US? | hierarchy
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| what are the three branches of government? | legislative, executive, judicial
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| How does the constitution reflect jurisdictional arrangements (2)? | encourages diversity, assigns different aspects of policy
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| What are "staggered elections"? | at different times
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| What are "electors"? | from different constituencies
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| What are "by different modes"? | direct/indirect election & appointments
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| Congress makes _____ | laws
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| Executive & bureaucracy _______ & ________ laws | implement, enforce
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| Judicial judges disputes btwn _______ & ______ govt | national, state
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| Activities not mentioned in constitution are reserved to the _________ | states
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| Congress makes the laws = | legislative
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| President enforces the laws = | executive
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| Supreme Court interprets the laws= | judicial
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| Framers believed thru _____, ______, & _______ would permit more interests to have voice | complexity, multiple checks, institutionalized second-guessing
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| complexity, multiple checks, institutionalized second-guesses would lead to _________ | better results
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| What are the three major arguments for federalism? | prevention of tyranny, provision for increased participation in politics, use of the states as testing grounds for laboratories
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| ________, __________, & ________ ruled in favor of states. | US district court, 9th circuit court of appeals, supreme court
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| When ruled in favor of states, federal government has power to regulate drugs, but CANNOT _________. | overrule state laws, determining how those drugs could be used
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| In some countries, _________ are nothing more than administrative units of national governments. | regional governments
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| In the US, states have considerable measures of their own ________. | sovereignty
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| States can appeal to federal judiciary to __________ of executive & acts of congress- to ___________. | check the power of both
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| The distribution of powers in the federal system consists of several parts: (6) | expressed powers, implied powers, denied powers, reserved powers, police powers, concurrent powers
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| What 2 sovereigns in constitution does american federalism recognize in the bill of rights? | federal government & state government
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| What does the constitution grant? who do they grant it to? | a few expressed powers. national government
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| all powers not denied to the states by the constitution are ______________. | reserved to the states
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| the 17 expressed or enumerated powers of the central government consist of the powers to: (6) | 1. law and collect taxes, duties, and imposts 2. provide for the common defense and general welfare of the US 3. regulate commerce 4. coin money and regulate the value 5. borrow money 6. declare war
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| the central government may make all laws which shall be __________ for carrying into execution into execution the enumerated powers. | necessary & proper
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| The necessary and proper clause has often been used to __________ of the _________. | expand the powers, national government
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| examples of the necessary and proper clause being used to expand the powers of the national government | medicare/medicaid & affordable heath care act
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| most of the state powers come from the __________ | tenth amendment
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| What is the 10th amendment? | the powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the states, or to the people
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| Most fundamental power retained by states is ________ | coercion
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| What is coercion? | the power to develop & enforce criminal codes, administrator health & safety rules, & regulate marriage and divorce
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| how do states have the power to regulate individual's livelihoods? | they must be licensed by the state
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| states have the power to define _________ | private property
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| why does private property exist? | because state laws against trespass define who is & who isn't entitled to use a piece of property
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| state laws against trespass is often referred to as | police powers
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| policing is what ______ do. They coerce you in the name of the _______ in order to maintain public order. | states; community
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| states have some powers that the central government also uses called _________ powers | concurrent
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| examples of how states retain & share power to regulate commerce & affect currency (4) = | charter banks, grant or deny corporate charters, grant or deny business licenses, regulate the quality of products or labor conditions
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| Who has the right to tax, borrow money, establish courts, and make and enforce laws? | states
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| who has the right to establish courts? | states
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| who has the right to tax? | states
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| who has the right to borrow money? | states
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| who has the right to make laws? | states
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| who has the right to enforce laws? | states
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| concurrent powers is ________ and _________ put together. | national powers; state powers
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| the __________ has the power to coin money | national power
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| the ________ has the power to charter banks and corporations | concurrent power
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| the _________ has the power to declare war | national power
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| the ________ has the power to ratify amendments to the federal constitution | state power
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| the _______ has the power to take private property for public purposes | concurrent power
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| the _______ has the power to make laws necessary and proper to carry out the foregoing powers | national power
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| the ______ has the power to exert powers the constitution does not delegate to the national government or prohibit the states from using | state power
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| the __________ has the power to establish courts | concurrent power
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| the _______ has the power to spend money for the general welfare | concurrent power
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| In article IV, the framers wanted ________, not 13 squabbling semi-courtnies | a single country
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| what does article IV require? | states to give "full faith and credit" to each other's laws
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| In the IV article, each state is normally expected to ________ and ________. | honor the laws, take place in other states
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| laws that affect values may be exempt from ______ | comity
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| What is comity? | mutual courtesy
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| What is an example of comity? | gay marriage case
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| In 1999, the ______ supreme court ruled that same-sex couples should have _____ rights | vermont; some
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| what law did the vermont legislature respond with during the case study of gay marriage? | "civil union"
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| according to article IV, section 1, the vermont statue could have ___________ for all other states | broad implications
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| what is DOMA? | an act that declares that all states will not have to recognize a same sex marriage even if it's legal in another state
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| What act declares that not all states have to recognize a same sex marriage even if it's legal in another state? | DOMA
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| who is not currently enforcing the DOMA act/ DOJ, and will not defend it? | obama
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| what is article IV section 1 known as? | the comity clause
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| what does the comity clause seek? | to promote national unity
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| what are civil union laws? | legally recognized same sex marriage
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| what are implied powers? |
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| how is the IV article not being adhered to in the US? | obama will not defend the law
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| what does the comity clause provide? | citizens enjoying privileges & immunities of one state should be entitled to similar treatment in others
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| 2 examples of how citizens enjoy privileges of one state = | cannot discriminate; cannot be biased
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| states require to ______ criminals if asked by another state | extradite
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| local government has no _______ in constitution | statues
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| _______ created local governments | state legislatures
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| most states allow larger cities _______ | home rule
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| what is home rule? | a guarantee of non-interference in local affairs
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| why does local government exist in our country? | to take on some responsibilities of state governments
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| the _______ of powers in our federal system has changed dramatically over the years | allocation
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| what is the first stage of dual federalism? | dual federalism
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| what is the second stage of dual federalism? | cooperative federalism
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| what is the third stage of dual federalism? | regulated federalism
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| what is the fourth stage of dual federalism? | new federalism
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| why is it called "dual" federalism? | the functions of the national & state governments are separate
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| _____ & ________ do most of the governing | states; local principalities
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| 4 examples of national dual federalism = | tariffs, public lands, patents, currency
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| what is the best example of the potential elasticity in article I section 8 clause 3? | commerce clause
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| what does the commerce clause assign? | the power to regulate commerce with foreign nations
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| _______ + _________ = expanding power of the federal government | elastic cause, commerce clause
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| the _____ case centered on the conflict between the states and the powers of congress | gibbons
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| the main constitutional question in gibbons was about the scope of congress's authority under the ____________ | commerce clause
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| the federal system can best be called __________ | cooperative federalism
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| cooperative federalism refers to __________ | supportive relations
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| marble cake federalism = ________ federalism | cooperative
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| what did the cooperative federalism display? | powerful national government
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| which government is on top in the marble cake federalism? | national government
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| what is in the middle in the marble cake federalism? (not a type of government) | multiple interactions
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| what government is on the bottom in the marble cake federalism? | state government
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| the _____________ is based on a pragmatic mixing of authority and programs among the national, state, and local governments | marble cake federalism
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| the _____ cake federalism is based on a clear description of authority and programs among the levels of government | layer cake federalism
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| ________ federalism comes in form of federal grants of special state & local governments | cooperate
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| what are grants-in-aid? | form of federal influence
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| grants-in-aid are a kind of bribe or "_____" | carrot
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| what are funds given to states by congress? | categorical grants
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| what are 3 examples of categorical grants? | education, crime, infrastructure
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| what are grant programs in which states submit proposals to federal agencies & are provided on a competitive basis? | project grants
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| what are grants in which a formula is used to determine the amount of federal funds a state will receive? | formula grants
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| what federalism is national government that furthers intervening in state government decision-making by threatening to withhold grant money unless state & local governments conform to national standards? | regulated federalism
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| what are some examples of regulated federalism? (3) | civil rights, poverty programs, environmental protection
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