What is the federal system?
What is the characteristics of the federal system?
Where is the federal system used?
A system of government in which power is divided between a central government and regional governments. Characteristics are diverse backgrounds, US was the first nation to adopt their own taxing, structures comp. Used in USA, Canada, Germany, and Switzerland
What is the unitary system?
What is the characteristics of the unitary system?
Where is the unitary system used?
Where lower levels of government have little independent power and primarily just implement decisions made by the Central government. Characteristics include being dominated by the Central Government, lower levels have little power, lower levels implement decisions. Used in the UK, France, Japan, China, and Saudi Arabia
What is the confederal system?
What is the characteristics of the confederal system?
Where is the confederal system used?
A political system where a group of sovereign states agree to limit their powers to a central government for a common purpose. Characteristics include a loose union of sovereign nations w/ a weak central government. Used in Belgium, Europe, and Switzerland.
Federal vs. State Powers:
Who writes criminal laws?
Who writes property laws
Federal powers: The legislative branch writes the criminal laws, and Congress writes the property laws
State Powers: States and the federal government writes the criminal laws, and Congress writes the property laws
What is federalism?
What was the first nation to use it?
Federalism is defined by the US Constitution
The United States was the first nation to use federalism
What is expressed powers?
Where in the constitution is it?
What is their Supremacy Clause?
Specific powers granted by the Constitution to Congress (Article 1, Section 8) and to the president (Article 2). Their Supremacy Clause is the necessary and proper clause
What is implied powers?
What are some examples of implied powers?
Powers derived from the necessary and proper clause of Article 1 Section 8 of the Constitution. Examples are necessary and proper clause interpretation and Judicial Review
What is the role of state government?
What are the powers of state government?
Where in the Constitution is the state powers at?
The role of state government: Day to day life
Powers of state government: Economic regulations, property law, Civil and criminal law, began to regulate professions, some problems
State powers are in Amendment 10
What is the 10th amendment?
What is the purpose of the 10th amendment?
Who are the supporters?
What is another name for it?
How does it limit national government?
Reserved to the States respectively, or to the people. The purpose of the 10th amendment is to bolster the role of the states in the federal system. The anti federalists are the supporters of the 10th amendment.
What things fall under police powers?
Health, safety, welfare's, and morals of citizens.
What is concurrent powers?
What are some examples of concurrent powers?
Concurrent powers is authority possessed by both state and national governments such as the power to levy taxes. Examples are taxation, borrowing money, and establishing courts.
What is the full faith and credit clause?
What are some examples of full faith and credit clause?
What things are excluded from full faith and credit clause?
Honors, recognizes decisions, and acts taken in other states as legal and valid. Examples are same sex marriage and interracial marriage. Exclusions from the full faith and credit clause are criminal law, choice of laws, public policy, concealed carry permits
Comity Clause/ Privileges and Immunities Clause – What? Purpose/Why need? Examples?
Cannot grant special privileges to state residents. States cannot discriminate against citizens from different states. Required to return escaped fugitives to the state they fled from.
Defense of Marriage Act – What?
Declared that states were not required to recognize a same-sex marriage from another state and that the federal government did not recognize it even if it was legal
Local Government – Role? Authority? Powers? Where in Constitution?
The local government's role is subject to ultimate control by the states. States establish local governments and give them power and control them. Has no status in the US Constitution.
Home Rule
Power delegated by a state government to a local government to manage their own affairs
Dual Federalism – When? Role of the federal and state governments? Who had the most power?
1789-1937
Federal government- Small
State government- Day to day life
States had the most powers
Commerce Clause – What? Where in Constitution? What has it done? When did the interpretation of commerce changed?
Article 1, Section 8 of the Constitution, Congress has the power to regulate commerce between states. 1937
Commerce Clause - Role of states and compacts? Examples of compacts/contracts?
Roles are balancing state interests.
Examples are Ohio River Valley Sanitation Compact, Waterfront Commission Compact, and Maryland bounty scheme
McCulloch v. Maryland and Gibbons v. Ogden and United States v. Lopez – what did these cases do?
McCulloch v. Maryland: established the federal government's power over states and clarified the relationship between the two.
Gibbons v. Ogden: Forbade states from enacting any legislation that would interfere with congress's right to regulate commerce among the separate states.
United States v. Lopez: Passed a law prohibiting gun control in local school zones
Devolution – What?
Transferring policy from federal to state or local
State’s Rights? Problems? When did it become tarnished? Southern Manifesto?
Oppose the increasing authority of the federal government.
Problems: US Constitution does not clearly answer questions of how to divide powers between federal and state
Tarnished: 1950's and 1960's
Southern Manifesto: Declared that southern states were not constitutionally bound by Supreme Court decisions outlawing segregation.
Preemption – What? When used? Examples?
The national government can override state/local policies in local areas.
Used in the 1970's
Examples: Doctor assisted suicide and stricter vehicle emissions
Changing Role of the Federal Government – What caused changes? President? What happened?
What changed the Federal Government was wars, economic crises, social movements, and technological advancements.
The president was Richard Nixon and Ronald Reagan
What happened was there was a problem with the "one size fits all" approach
Regulated Federalism – Examples?
Education policy, social services, ADA, and accessibility in transportation
Unfunded Mandates? No Child Left Behind – What did it do?
Requirements on states imposed by the national government without accompanying funding.
Diffusion – What?
The process by which policy decisions in one political jurisdiction are influenced by choices made in another jurisdiction
Doctrine of Nullification – What? Who supported this?
Claimed that the states did not have to obey federal laws that they believed exceeded the national government's constitutional authority. Thomas Jefferson, James Madison, and John C. Calhoun supported this.
Layer Cake v/s Marble Cake Federalism – what are they?
Marble Cake Federalism- Cooperative
Layer Cake Federalism- Dual federalism
Types of Grants - Grant-in-Aid: Categorical; Project; Formula; Matching– What? Examples of each?
Grant-in-aid: Money had to be spent on federally predetermined purposes.Example- FDR expansion
Categorical: Had to be spent in a specific category.Example- Medicaid
Project: State/local government submit proposals and compete for funding.Example- Research partnerships on critical issues
Formula: Fed formula used. Example- Medicaid, education, and transportation infrastructure
Matching: Money for money match. Example- Nonprofit raising
New Federalism - General Revenue Sharing and Block Grants – What? Who proposed? Problems with each one?
Returning some power. Nixon proposed. Saw a lack of coordination between federal and state governments
Cooperative Federalism V/s Dual Federalism v/s Regulated Federalism v/s New Federalism
Cooperative Federalism- Grants in-aid programs
Dual Federalism- Favored business after the Civil War
Regulated Federalism-1970's shift as national government sought uniformity across the states via states and regulation
New Federalism- Saw a lack of coordination between federal and state government
Changes in Federalism since the 1930s? Since the 1960s?
1930's- Shift from dual Federalism to cooperative federalism
1960's- Returning power back to the states
Current Federalism issues and controversies?
Not all problems have been solved and unfunded mandates are still a problem