Govt 2305 Chap 3
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a system under which significant govt powers are divided between the central govt and smaller units, such as states or provinces
What are confederate and unitary forms of government?
confederate: loose association of states or territorial divisions in which very little power or no power at all is lodged in a central govt
unitary: a system in which a central government has complete power over its constituent units or states
Which type of political system is most numerous?
In terms of federalism, what does size and diversity have to do with it?
federalism tends to be found in nations that are large in a territorial sense and in which the various geographical regions are fairly distinctive from one another in terms of religion, ethnicity, language, and forms of economic activity
What is the Supremacy Clause and the Reservation Clause?
supremacy clause: provision in Art VI of the Constitution that the Constitution itself and the laws and treaties of the US are the supreme law of the land, taking precedence over state laws and constitutions when they are in conflict
reservation clause: part of the 10th amendment that says powers not given to congress are reserved to the states or to the people
What powers does the Constitution grant to the states?
- conduct elections
- ratify amendments
- provide public education
- charter banks
- license professions
- establish a system of family law
- take measures for public health, safety and morals
- exercise powers that the Const. does not specifically prohibit from the states, nor delegate to the national govt
- establish local govt
- regulate commerce within the states
What are concurrent powers?
powers under the Constitution that are shared by the federal govt AND the states
Define horizontal federalism.
term used to refer to relationships among the states
Understand Article IV.
"full faith and credit": states must respect each other's legal actions and judgements
"privileges and immunities": citizens from other states have same rights and privileges as a state's own citizens
Understand the nationalist and states' rights position.
- nationalist position: Const. was formed to create a single national community
- -strong central govt with wide range of responsibilities
- state's position: Const. was formed as a compact among states for states to be coequal with national govt
- -central govt very limited in size and responsibility
Understand dual federalism and how the metaphor of layer cake is associated with this.
much like a layer cake, there are distinct, nonoverlapping areas of responsibility for the national govt and the state govts and that each level of govt is sovereign in its own sphere
an attempt by states to declare national laws or actions null and void
Who is Chief Justice Marshall and what is his correlation with judicial review?
in 1803 he established the supreme court's authority to declare national laws unconstitutional
Understand the significance of both Fletcher v. Peck & McCulloch v. Maryland.
Fletcher v Peck: established power of judicial review over the states by holding a state law unconstitutional under US Const.
- McCulloch v Maryland: affirmed supremacy clause and declared that Congress had
- broad powers under the necessary and proper clause
What does the doctrine of preemption include?
- means exclusion of the states from actions that might interfere with federal authority or statutes
- rejection of Arizona's immigration law was based on this doctrine
idea that some of the powers and responsibilities of the national govt ought to be distributed back to the States
What did President Bush sponsor that led to the national government having more power?
- No Child Left Behind educational reform which imposed testing mandates on the states
- prescription drug benefit under Medicare
- Real ID Act aimed at standardizing drivers license issuance
- gave Treasury secretary broad powers to rescue and reorganize banks and investment firms
Understand cooperative federalism and how the marble cake metaphor is associated with this.
elements of national and state influence swirl around each other without very clear boundaries
Compare and contrast categorical and block grants.
categorical: federal aid to states and localities clearly specifying what the money can be used for
block: federal grants to the states to be used for general activities
both often provide fed money under an automatic formula related to statistical characteristics such as number of needy residents, total size of population, average income level, etc.
Know the difference between conditions on aid and mandates.
conditions on aid: in theory these are voluntary because the states can refuse the aid. federal grants with provisions requiring that state and local govts follow certain policies in order to obtain funds
mandates: this is a demand that the states carry out certain policies even when little or no national govt aid is offered. a formal order
Understand the significance of the Contract with America in terms of unfunded mandates.
- did not apply to past mandates
- did not ban unfunded mandates, only regulated them
Know the arguments both for and against federalism.
- pro: diversity of needs
- -closeness to the people
- -innovation and experimentation
- con: importance of national standards
- -low visibility and lack of popular control
- -spillover effects and competition
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