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Terms in this set [32]
What is federalism?
a system of government in which powers are divided between a national government and regional government. It allows for shared power, dual sovereignty and creates a compound republic.
What are the advantages and disadvantages of federalism?
it prevents abuse of power, it reflects preferences of citizens, its more responsive to citizens and it allows for innovation - states can act as laboratories of democracy.
What happens when federal and state laws conflict?
national laws and treates are always superior to state laws whenever the two clash - based off supremacy clause
How does the federal government get states to act as they wish? What are the carrots and stick?
The government gets states to act as they wish through incentives. The carrots are grants in aid [categorical or block], but in order to receive grants they must pass mandates
Why is the Chattahooche River Dispute an example of federalism?
it raises the issue of interstate boundaries- who has proper right to use what amount of the water.
Are local governments included in the definition of federalism?
local governments are not included in definition of the state. they are creatures of the state
What did Supreme Court Justice Louis Brandeis mean by calling state "laboratories of democracy?" What are some examples of this?
he meant that voters in states could implement policies to see if they work at the state level, before they are implemented at the national levels. Some examples include California being the first state to limit greenhouse gas emissions, states funding stem cell research, expanding health care etc.
What is the price of federalism?
inequities are the price of federalism. There are often coordination problems and confusion. also a race to the bottom - in which states purposely do little to improve standing so they can receive aid.
What is the states' role in amending the constitution? In proposing a constitutional convention?
states can bring an amendment up for ratification, they can propose a constitutional convention. They must achieve a certain number of votes to amend the constitution.
What are the state powers expressly provided in the constitution?
they can amend the constitution, they can propose a constitutional convention, elect senators [at the beginning], elect electors and form interstate compacts
Why are the enumerated federal powers important to federalism?
Government can only use the powers specifically listed in the Constitution.
What are concurrent powers?
governmental authority shared by national and state governments, such as the power to tax residents.
These include power to tax, borrow and spend
What is full faith and credit? What is an important exception?
The full faith and credit clause is the
constitutional requirement [in article 1, section 4] that each state recognize and uphold passed by any other state.
An exception is gay marriage and gun laws
What are privileges and immunities? What is an important exception?
prevents a state from treating citizens of other states in a discriminatory manner
ex: McDonald v Chicago - said right to keep and bear arms is incorporated by the 14th amendment is
applied to the states
Why was the Supreme Court case, McCulloch v. Maryland [1819] important to federalism?
it ruled congress had implied powers granted to it by elastic clause - it granted congress the authority to make all laws which shall be necessary and proper for carrying into execution the work of the federal government without state's attacking
What is dual federalism [layer cake]?
prominent from 1787-1932, it's the idea that states and federal government has separate domains [different layers of a cake]. it's a clear division of governing authority between the national and state governments
What is cooperative federalism [marble cake]?
prominent from 1933-1964, it's the idea that both levels of government should work together. The federal government should identify problems and provide funding to states to solve problems. functions overlap across governments
What are preemptions?
the invalidation of state law that conflicts with federal law. [example: sports gambling]
What are cross-over sanctions?
A technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another [example: drinking age or highway trust fund]
What are partial preemptions?
federal government's assumption of some regulatory powers in a particular field, with the stipulation that a state law on the same subject as a federal law is valid if it does not conflict with the federal law in the same area [example: ACA]
What can states do if they don't like federal action?
they can reject federal dollars, take the federal government to court, stall or refuse to act, or lobby for change in the federal law
Why is interstate commerce important to federalism?
it allows the government to regulate trade between states due to the commerce clause
Were previous court findings generally supportive of a strong federal role or weak federal role in interstate commerce?
they have flipped flopped significantly, but gravitated towards a weaker role
Who is the arbiter when federal and state governments disagree?
The Supreme court. They interpret Federal - State Activities.
Why is the 10th amendment important to federalism?
Reserves to states all powers not expressly granted to the government branches.
How does Federalism play a role in recent issues including immigration, gay marriage, and health care?
Federal Defense of Marriage Act, AZ Immigration Laws, Patient Protection and Affordable Care Act. are all issues that the federal government and state governments are battling over. They have granted powers to the federal government over the state government
How does James Madison in the Federalist Papers control factions?
James Madison controlled them through pluralism - a system of government in which multiple competing and responsive groups vie for power
What is the definition of a republic?
system of government that rests ultimate governing power in its people, who rule via representatives
Why will a republic protect liberties better than a democracy according to James Madison?
A republic can better protect liberties better than a democracy because, in a democracy, the majority can easily overwhelm the minority. A republic can also better protect from factions, something which a democracy will struggle to do.
Why does Madison feel that large republics are better than small republics?
In a large republic, there will be more "fit characters" to choose from each delegate. There will also be a wide variety of interests, which is important so a majority is difficult to achieve
In writing that ambition must be made to counter ambition in Federalist 51, James Madison was justifying what aspect of the constitution?
He was justifying the system of checks and balances in the government
What is the definition of moral federalism according to Rauch in BB reading?
leaving states free to go their separate ways when a national moral consensus is lacking
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