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