Terms in this set (41)
A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared powers between units of government.
Only 11 in 190 nations have it.
A way of organizing government so that all power resides in the central government. What most national government are today.
A type of government in which the national government is weak and most or all of the power is in the hands of its components.
The workings of the federal system- the entire set of interactions among national, state, and local governments.
How does federalism decentralize the government?
A candidate must win the states, not the national vote, to win an election.
With more layers of government there are more opportunities for political participation
With more layers of government interest groups have a greater chance of having their voice heard.
Federalism divides government power and responsibilities
Article VI of the Constitution
Makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Constitutional amendment stating that the powers not delegated to the US government by the Constitution, nor prohibited by the states, are reserved to the states or to the people.
A mere assertion that the states have independent powers of their own- not a declaration that state powers are superior to those of the national government.
Prohibits individual damage suits against state officials and protects state governments from being sued by private parties in federal or state courts.
McCulloch v. Maryland
A 1819 Supreme Court decision that established the supremacy of the national government over state governments. Chief Justice Marshall and his colleagues held that Congress had certain "implied powers" in addition to the enumerated articles found in the Constitution.
Constitutional Principles of McCulloch v. Maryland Ruling
1. Supremacy of national government: Federal laws and regulations preempt state or local laws or regulations and preclude their enforcement.
2. The national government has certain implied powers that go beyond its enumerated powers.
Powers of the federal government that are specifically addressed in the Constitution. For Congress these are listed in Article I Section 8 and include the power to coin money, regulate its value, and impose taxes.
Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers listed in Article I.
The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated articles.
Gibbons v. Ogden
A landmark case in 1824 in which the Supreme Court interpreted the clause in Article I very broadly, giving Congress the power to regulate interstate commerce, encompassing nearly every form of commercial activity.
Full Faith and Credit
A clause in Article IV, Section I of the Constitution requiring each state to recognize the official documents and civil judgement rendered by the courts of other states.
(Challenge: Defense of Marriage Act)
Constitution says that states are required to return a person charged with a crime in another state to that state for trial or imprisonment.
Privileges and Immunities
A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.
A system of government in which both the state and national government remain supreme within their on spheres, each responsible for some policies.
Layer Cake: Powers and policies ditinct
Narrow interpretation of Constitution
A system of government in which powers and policy assignments are shared between the states and the national government. They may also share costs.
Marble Cake: Mingled responsibilities and blurred distinctions.
Loose Interpretation of the Constitution
National Defense Education Act
Provided federal grants and loans for college students and financial support for elementary and secondary education in science and foreign language.
Operating Procedures of Cooperative Federalism
1. Shared Costs: To fund a program, the federal government pays for some of the costs and the states pay for the other.
2. Federal Guidelines: Federal grants come with strings attached that may force state and local governments to enforce rule and limits set by the federal government.
3. Shared Administration: State and local governments still have some say in what federal grants are used for within their states.
No Child Left Behind Act
(2001) Put new requirements on state and local school authorities, imposing penalties on states that failed to meet federal targets.
The pattern of spending, taxing, and providing grants in the federal system.
The cornerstone of national government's relationship with the states and local governments
Federal funding appropriated by Congress for the distribution to state and local governments.
Main instrument used by the national government to aid and influence states.
Federal grants that can be used only for specific purposes of state and local spending. They come with strings attached such as nondiscrimination provisions.
Aid may not be used for purposes that discriminate against minorities, women, or other groups
Using federal money in one program to influence state and local policy in another (Highway construction + drinking age)
A condition on one federal grant is extended to all activities supported by federal funds, regardless of their source
Title VI of the Civil Rights Act- Bars discrimination in the use of federal funds
Federal categorical grant awarded on the basis of merit and application.
The most common type of categorical grant.
Federal categorical grant awarded according to a formula specified in legislation or administration regulations.
Vary from grant to grant
No application necessart
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Ex. Welfare
As a general rule of federalism, the more money there is at stake...
The more fervently people will argue about its distribution.
On the whole, federal grant distribution follows the principle of....
Universalism (something for everyone)
A requirement that directs states or local governments to comply with federal rules under the threat of penalties or as a condition on receipt of a federal grant. Some of these can be unfunded.
Americans With Disabilities Act
Act in which the states were required to make facilities accessible to individuals with disabilities, but did not allocate funds to implement the change (unfunded mandate)
According to law, in order for unfunded mandates of over $50 million to be enforced...
The bill must have the majority vote in both houses of Congress.
Advantages of Federalism for Democracy
1. Various levels of governemnt increase the amount of access individuals have to government- can vote and run for local, state, and national positions.
2. State interests are able to be represented by the election of officials (pluralism of interests)
3. Losing and election becomes more acceptable and the transfer of power more peaceful because there are large amount of government where a party can exert its power.
Disadvantages for Democracy
1. States often differ in the resources they can devote to services.
2. Local interests are able to thwart the support of the majority for certain policies (racial discrimination)
3. Huge number of governments that make up the federal system causes confusion over responsibilities.
Affordable Care Act
Law passed in 2010 that sought to fix the American health care system. The bill requires large employers to provide health insurance, expands programs to aid the poor, and prohibits insurance companies from denying coverage or charging higher premiums for preexisting conditions.
Requires people without health insurance to purchase an insurance plan that provides the federally defined "minimum essential benefits" and imposes a fine on those who do not.
YOU MIGHT ALSO LIKE...
American Government - Your Voice, Your Future | Matthew Kerbel
Government chapter 3
AP Gov Ch 3
AP Gov't Ch 3
OTHER SETS BY THIS CREATOR
Essay Outline Flashcards
Honors Seminar Final
THIS SET IS OFTEN IN FOLDERS WITH...
Unit 3: AP Gov.
ch 4 essay questions
AP Gov Chapter 13 Vocab
advantages/ disadvantages of federalism