Chapter 3 multiple choice

Federalism

a way of organizing a nation so that 2 of more levels of gov have formal authority over the same land and people

What is federalism a system of?

Shared power between units of government

How many nations have a federal system?

Fewer than 20

Unitary Goverment

all power resides in the national government

Confederation

Most or all power is in the hands of the country's components (ie: the United Nations)

In the US political system, the term federalism refers to...

the division of powers between the levels of government

The following constitutional principle most directly addresses the relationship between the national and state governments...

Federalism

In a federal system of government political power is primarily...

divided between the central government and regional governments

In the organization of government the principle of federalism is illustrated best by the...

representation system for electing senators

Intergovernmental relations

the entire set of interactions among national, state, and local governments

Powers in intergovernmental relations can be...

exclusively federal, exclusively state, and shared by federal and state

Federal vs state (division of powers)

Federal enumerated powers, federal implied powers, state powers, concurrent powers, supremacy clause

supremacy clause

Article VI of the Constitution which makes the US Constitution, national laws, and national treaties supreme over state constitutions and state laws the national government is acting within its constitutional limits

The Supremacy Clause in the Constitution state that...

federal law takes precedence over state law with the laws conflict

Preemption

a concept derived from the Constitution's Supremacy Clause that allows the national government to override or preempt state or local actions in certain areas

McCullough v Maryland

Supreme Court established that federal law preempts state and local laws

Brown v Board of Education

the Supreme Court held that school segregation was unconstitutional; separate but equal is unconstitutional

Tenth Amendment

The powers not delegated nor prohibited to the US by the Constitution, are reserved to the states or to the people

In the federal system of the US, the powers of the state governments are...

ultimately granted by the US Constitution not by the national government

States are responsible for most public policy dealing with each of the following...

health issues, safety issues, welfare issues, and moral issues

Eleventh Amendment

This amendment repealed Article III, Section 2, Clause 1, and overturned Chisolm v Georgia which permitted an individual to sue a state in federal court

Enumerated powers

17 specific powers expressly granted to Congress including: taxation, coinage of money, regulation of interstate and foreign commerce, providing national defense

Implied powers

powers that are not expressly stated in the Constitution but are implied by the enumerated powers: regulating food and drugs, building interstate highways, protecting consumers, and cleaning up dirty air

Elastic Clause/Necessary and Proper Clause

Authorizes Congress to pass all the laws "necessary and proper" to carry out the enumerated powers

McCulloch v Maryland

Ruled that Congress has numerous and broad implied powers under the Necessary and Proper Clause

Gibbons v Ogden

federal license versus state license to operate steamboats; Supreme Court ruled that federal license preempted the state license

US v Lopez

The Commerce Clause didn't give Congress the power to enact the federal Gun Free School Zones

US v Morrison

The Commerce Clause didn't give Congress the power to enact the federal Violence Against Women Act

Raich v Gonzales

The Commerce Clause gave the Congress the power to prohibit doctors from prescribing medical marijuana

Oregon v Mitchell

The Commerce Clause didn't give Congress the power to prohibit doctors from prescribing drugs for assisted suicide

Full Faith and Credit Clause

requires each state to recognize the public acts, records and civil judgments rendered by the courts of other states (ie: birth certificates, driver's licenses, and marriage licenses)

Privileges and Immunities Clause

Gives citizens of each state most of the privileges and immunities of citizens of other states

Under the Privileges and Immunities Clause...

you have the right to travel freely between the states; as a visitor you must be treated equally

Some exceptions to the Privileges Clause

Tuition difference is valid between in-state and out-of-state students

Extradition Clause

requires states to return a person charges with a crime in another state to that state for trial or imprisonment

Intergovernmental relations

the workings of the federal system

Subnational government

Another way of referring to state and local governments

Dual federalism

Both the national government and the states remained supreme within their own spheres responsible for some policies (ie: layer cake)

Cooperative federalism

Powers and policy assignments are shared between state and national government (ie: marble cake); began with FDR's New Deal

Standard operating procedures

Shared administration, shared costs, federal guidelines, categorical and block grants

devolution

transferring responsibility for many public policies from the federal government to state and local governments

Fiscal federalism

The pattern in the federal system of: spending, taxing, providing grants

Gross Domestic Product

The sum total of the value of all the goods and services produced in a year in a nation

Grants-in-aid

federal funds appropriated by Congress for distribution to stae and local governments; national government uses for both aiding and influencing states

Categorical grants

grants-in-aid; federal grants that can be used only in specific purposes: project grants and formula grants

Project grants

grants given for specific purposes and awarded on the basis of the merits of competitive applicants

Formula grants

Grants distributed according to a formula specified in legislation or in administrative regulations

Block grants

federal grants given more or less automatically to state to support broad programs in areas such as community development and social services

Universalism

on the whole federal grant distribution follows the principle that there is something for everyone

Conditions of aid

what the federal government requires a state government to do if it wants to receive federal grant money