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U.S. Gov't - Federalism - Levels of Gov't
Terms in this set (68)
A system of government in which a written constitution divides the power of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces.
"division of powers" refers to what
The constitution assigns certain powers to the National Government and certain powers to the States.
Three levels of government
National (Washington D.C.)
State (Baton Rouge, LA)
Local (Terrebonne Parish Consolidated Gov't)
What three systems of gov't has the U.S. operated under
easiest to define (popular in Europe)
system in which power is handed down to lower systems by a central gov't.
Parent - child concept; National gov't holds ultimate power
opposite of unitary...loose Union of independent states
power is split between national gov't and constituents (states)
U.S. is best example (also Germany, Mexico, Canada)
The Framers were dedicated to the concept of limited government. They were convinced that...
the government power poses a threat to individual liberty
therefore the exercise of governmental power must be restrained...
And to divide governmental power, as federalism does, is to curb it and so prevent its abuse.
Why did the framers choose federalism?
a compromise solution between our fears of a former British tyranny and a failed current government under the Articles of Confederation.
The founders knew that states would want to keep a good bit of power, but a central government was necessary.
Geographical size would make it difficult to control Unitarily.
Benefits for federalism
- with the concept, laws/duties would be "farmed out"
- Allows smaller governments to "rule themselves"
- Allows the overall country to grow large, but stay stable (cohesive)
- Brings the government closer to the people (local issues handled locally)
(Ex: U.S. cares little about Louisiana's taxing problems, Also: state/local government is a good training ground for future leaders)
- States can try innovative programs with no risk to the overall nation
- States set own policies based on its subculture (CA vs. TX)
The national government is a government of __________ powers
delegates (only those granted to it in the constitution
There are 3 types of delegated powers:
expressed, implied, inherent powers
Delegated powers found directly within the Constitution.
Article I Section 8 gives Congress the power to "lay and collective taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war."
Delegated powers not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.
The Necessary, and proper Clause is an example of what type of delegated power
Delegated powers that belong to the National Government because it is the government of a sovereign state within the world community.
There are few of these delegated powers, within an example being the National Government's ability to regulate immigration.
How are powers denied to the National Government
1. Powers such as, the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the Nation Government in the Constitution.
2. because the Constitution is silent on the issue. (Ex. power to create a public school system for the nation or the power to enact uniform marriage or divorce laws.)
3. because the federal system does not intend the National Government to carry out those functions.
(Ex. In the exercise of its power to tax, Congress cannot tax any of the states, or their local units in the carrying out of their government functions. )
Arguments against federalism
- Some say unhappy states can block overall national programs
- Some local governments can dictate structure of state government and cause problems for national programs
Is federalism mentioned in the Constitution
No, but it is IMPLIED in that it sets out different individual powers (national, state)
American Federalism is reinforced by __________
supremacy clause (national government prevails in disputes)
Powers shared between national and state government are __________ powers
Examples of concurrent powers
• Levy and collect taxes
• Borrow money
• Establish courts
• Define crimes and set punishments
• Claim private property for public use
What are some examples of National (Delegated) Powers
• Article I, Section 8: enumerated powers
• coin money
• admit new states
• regulate interstate and international trade
• setting weights and measures
• setting up a postal system
• immigration laws
• declaring war/foreign policy
-Also implied:"elastic clause" also called the "Necessary and Proper Clause"
Article I Section 8 Clause 18 states that congress shall have the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"
The necessary and Proper clause
The Necessary and Proper Clause is first used in what court case?
McCullough V MD (1819)
-has been used to strength national power
What are some reserved powers of the states
• Regulate trade and business within the state
• Establish public schools
• Pass license requirements for professionals
• Regulate alcoholic beverages
• Conduct elections
• Establish local governments
What are two powers that are prohibited to the national government (limited powers)
Congress cannot tax exports or usurp state (reserved) powers
What has tipped the scales in favor of the federal gov't over time?
Implied powers (powers that go beyond enumerated ones)
Commerce power (Gibbons v Ogden)
The Civil War (U.S. gov't crushed southern States sovereignty)
The Struggle for Racial Equality (Brown v Board)
Says the States cannot overrule national policy (state officials swear an oath to the Constitution)
-If conflict occurs, national government always supreme
The supremacy Clause
Rank the order of supremacy in the government from lowest to highest
1. City and county (parish) ordinance and charters
2. State statutes (laws)
3. State constitutions
4. Acts of Congress and Treaties
5. The U.S. Constitution
The Constitution requires the National Government to "guarantee to every State in this Union a __________."
Republican form of Government
What are three of the Nation's obligations to the states
Republican form of gov't
Invasion and internal disorder
Respect for territorial integrity
The National Government is also required to provide defense of the States from foreign invasion, and aid in protecting against "domestic violence" in the States.
Invasion and internal disorder
The National Government is constitutionally bound to respect __________ of each of the States.
territorial integrity (state boarders)
Who has the power to admit a new state to the union
How is a new state admitted to the union
Congress first passes an enabling act,
If Congress agrees to Statehood after reviewing the submitted State constitution, it passes an act of admission. If the president signs, the act creates a new State.
An act directing the people of the territory to frame a proposed State constitution.
The system of checks and balances existing between states and national government
Vertical checks and balances
List the three ways in which vertical checks and balances exists
1. Tenth amendment acts as a check on national (limited) gov't
2. States' elections determine Congressmen and President/VP
3. Any constitutional amendments must be ratified by the states.
-The national gov't checks the states by manipulating federal grants, the Supremacy Clause, and the Commerce Clause!
The system of checks and balances by which states check one another (to keep states roughly equal in power)
Horizontal check as and balances
State three examples of horizontal checks and balances
1. Each state must give full faith and credit to other states. (Article IV sect. I)
2. Each state must extend to all other privileges and immunities it gives to its own citizens.
3. Each State must extradite lawbreakers to states where they are suspected of committing crimes
This Clause of the Constitution ensures that States recognize the laws, documents, and court proceedings of the other States.
Full Faith and Credit
What are the two exceptions to the Full Faith and Credit Clause
One state cannot enforce another State's criminal laws.
States may not validate certain divorces granted by one State to residents of another State.
- This clause provides that no state can draw unreasonable distinction between its own resident and those persons who happen to live in other States.
-However, States can draw reasonable distinctions between its own residents and those of other States, such as charging out-of-state residents higher tuition for State universities than in-State residents
Privileges and Immunities Clause
States cannot pay lower welfare benefits to newly arrived residents than it does to its long-term residents.... this is an example of what clause
The Privileges and Immunities Clause
the legal process by which a fugitive from justice in one State is returned to that state to stand trial.
Says that No State May enter into any treaty, alliance, or Confederation. However, the States may, with the consent of Congress, enter into __________- agreements among themselves and with foreign states.
In order for a state to enter into an interstate compact, they must receive consent from __________
Constitutional is vague - disputes over state/federal powers are common
- The __________ has the final say...
U.S. Supreme Court (and who is on the court largely determines how those decisions come out)
Results of the McCulloh and Gibbons Cases
Congress slowly began to take more power over the states (a "shrinking" 10th amendment)
The three clauses (Supremacy, Elastic, Commerce) began to be used to justify increased nationalism!
What three clause began to be used to justify increased nationalism
Supremacy, Elastic, Commerce
What was one issue at the heart of the North-South conflicts: (beside slavery)
National authority...Roots had been laid for this conflict since the federalists and anti-federalists.
The Civil War cemented the supremacy of __________, but what was still a question
but division of power is still a question
Three stages of Declining Federalism since the Civil War
Stage Federalism during Reconstruction, the U.S. government asserted its position of dominance, proclaiming its separate status from the states BUT giving the states their own sphere of power to operate in (clearing space)
National government kept to itself during this time, staying away from states, allowing time for states to adjust
When the national government cooperates with the states
The 60's brought about this new definition of federalism:
-Policies/programs involved in Cooperative and New Federalism
Picket Fence Federalism
the pattern of spending, taxing and providing grants to state governments, along with mandates and stipulations (for control)
- Federal grants-in-aid
How was LBJ's Great Society related to Federalism
-The U.S. uses these grants like the proverbial carrot in front of the donkey (the Mandate Blues). It is a conditional arrangement.
- Federal Mandates; requirements by the national government that force states to comply with certain rules (water purity laws, disability laws, air quality requirements, etc).
Can federalism be Advantageous
- More access to more levels of government, more specialization for needs
Can federalism be disadvantageous
- States have different levels of resources
- Local governments can stop implementation of federal policies with little consequence.
A Richard Nixon term: this type of federalism gives some powers back to the states (devolution)
The Biggest tools of New Federalism were ___________
-grants with many categories grouped into one (lump sum)
-Gives states more spending flexibility
-1996 Welfare Reform Bill came out of this type of grant trend
What is the viewpoint on the SCOTUS and New Federalism today
Many say that the national government had overstepped its boundaries today - too little power to the states)- a 10th amendment violation?
-Federal courts are beginning to agree (overturning the Brady Bill)...1995 - the SCOTUS limited national government power directly with the case of U.S. v Lopez (1995)
- Some believe that instead of the traditional model of concurrent federalism (national government granting states power), the U.S. should adopt a view of federalism that looks at states as a marketplace, competing for "Customers (states)
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