Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
226 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Same-sex marriage is... |
The biggest federalism question of our time
|
Biggest...
|
|
|
Same-sex marriage timeline
|
1996-DOMA
2000-Vermont (Civil Union) 2009-Vermont becomes first to legalize and Proposition 8 2010-12-More legalize 2013-DOMA Decision |
|
|
|
This act allowed the federal government to ignore the fact that states legalized gay marriage.
|
DOMA
|
|
|
|
Civil Union in Vermont
|
If you get union in Vermont and move to another state, it is not legally recognized
|
|
|
|
First state to legalize gay marriage
|
Vermont
|
|
|
|
How many definitions of federalism in our system?
|
267
|
|
|
|
Medical marijuana is legal in...
|
California, Alabama, etc
|
|
|
|
Recreational marijuana is legal in...
|
Colorado and Oregon
|
|
|
|
An example of a national problem:
|
Hurricane Katrina
|
|
|
|
What is the conflict in no uniformity?
|
People butt heads because of different ideas.
|
|
|
|
The Supremacy Clause is an example of_________.
|
No uniformity
|
|
|
|
Which downside of federalism is the underlying cause of the rest?
|
Redundancy and inefficiency
|
|
|
|
Benefits of Federalism
|
Lower growth of tyranny
Unity with uniformity Encourages experimentation Training for future leaders Government close to people |
|
|
|
Federalist #10 talks about which benefit of federalism?
|
Lower growth of tyranny
|
|
|
|
What is one of the biggest benefits of federalism?
|
That it encourages experimentation
|
|
|
|
Which benefits of federalism tie closely together?
|
Unity without uniformity and encouraging experimentation
|
|
|
|
The fact that federalism encourages experimentation leads to what of the states?
|
Capable states
|
|
|
|
50 different states are able to provide...
|
50 possible solutions to the problem
|
|
|
|
What is a great training ground for presidents?
|
Being governor
|
|
|
|
Downsides of Federalism
|
National problems
Accountability No uniformity Redundancy ineffiency |
|
|
|
True or False: The government has a hard time dealing with large-scale problems.
|
True
|
|
|
|
Which type of federalism was present from the beginning to the civil war?
|
Dual or layer cake
|
|
|
|
Dual federalism leaves states to rule _______ and national to rule_______.
|
State stuff
Big stuff |
|
|
|
What was the state level mad about under progressive federalism?
|
Regulations because they were expensive
|
|
|
|
What was the change to the national level under progressive federalism?
|
National things were no longer left to the states
|
|
|
|
What type of federalism occurred from the Great Depression to 1961?
|
Cooperative or marble cake
|
|
|
|
What was the relationship between national and state under cooperative federalism?
|
National makes laws implemented by states
|
|
|
|
What is nullification?
|
States disregarding a national law
|
|
|
|
Is nullification allowed?
|
No
|
|
|
|
What happened during the civil rights movement in the 1950s?
|
States nullified the civil rights laws because it wasn't a national problem
|
|
|
|
Who came up with the name marble cake?
|
Martin Grodzins
|
|
|
|
In dual federalism, the national level deals with.....
|
Foreign policy and national defense
|
|
|
|
Dual federalism at the national level (examples)
|
Supreme Court
Election of 1800 Gibbons vs. Ogden Andrew Jackson |
|
|
|
Andrew Jackson believed that liberty equaled...
|
State economic control
|
|
|
|
What was the outcome of Gibbons vs. Ogden?
|
A more narrowed definition of commerce
|
|
|
|
What power did Congress gain from Gibbons vs. Ogden?
|
The power to deal with economics that does not fit the definition of interstate.
|
|
|
|
What happened in the Supreme Court in 1810 due to Fletcher vs. Peck?
|
Reviewed state law unconstitutional
|
|
|
|
What does McCulloch vs. Maryland deal with dual federalism?
|
The supremacy clause
|
|
|
|
What was the type of federalism from the Civil War to the Great Depression?
|
Progressive
|
|
|
|
What were the provisions under progressive federalism?
|
Labor/bus laws
Commerce 16th amendment Industrial spread of United States Immigration |
|
|
|
Dual federalism leaves states to rule _______ and national to rule_______.
|
State stuff
Big stuff |
|
|
|
What was the state level mad about under progressive federalism?
|
Regulations because they were expensive
|
|
|
|
What was the change to the national level under progressive federalism?
|
National things were no longer left to the states
|
|
|
|
What type of federalism occurred from the Great Depression to 1961?
|
Cooperative or marble cake
|
|
|
|
What was the relationship between national and state under cooperative federalism?
|
National makes laws implemented by states
|
|
|
|
What is nullification?
|
States disregarding a national law
|
|
|
|
Is nullification allowed?
|
No
|
|
|
|
What happened during the civil rights movement in the 1950s?
|
States nullified the civil rights laws because it wasn't a national problem
|
|
|
|
Who came up with the name marble cake?
|
Martin Grodzins
|
|
|
|
What type of federalism was under JFK and Linden B Johnson?
|
Creative
|
|
|
|
In dual federalism, the national level deals with.....
|
Foreign policy and national defense
|
|
|
|
Dual federalism at the national level (examples)
|
Supreme Court
Election of 1800 Gibbons vs. Ogden Andrew Jackson |
|
|
|
Andrew Jackson believed that liberty equaled...
|
State economic control
|
|
|
|
What was the outcome of Gibbons vs. Ogden?
|
A more narrowed definition of commerce
|
|
|
|
What power did Congress gain from Gibbons vs. Ogden?
|
The power to deal with economics that does not fit the definition of interstate.
|
|
|
|
What happened in the Supreme Court in 1810 due to Fletcher vs. Peck?
|
Reviewed state law unconstitutional
|
|
|
|
What does McCulloch vs. Maryland deal with dual federalism?
|
The supremacy clause
|
|
|
|
What was the type of federalism from the Civil War to the Great Depression?
|
Progressive
|
|
|
|
What were the provisions under progressive federalism?
|
Labor/bus laws
Commerce 16th amendment Industrial spread of United States Immigration |
|
|
|
Dual federalism leaves states to rule _______ and national to rule_______.
|
State stuff
Big stuff |
|
|
|
What was the state level mad about under progressive federalism?
|
Regulations because they were expensive
|
|
|
|
What was the change to the national level under progressive federalism?
|
National things were no longer left to the states
|
|
|
|
What type of federalism occurred from the Great Depression to 1961?
|
Cooperative or marble cake
|
|
|
|
What was the relationship between national and state under cooperative federalism?
|
National makes laws implemented by states
|
|
|
|
What is nullification?
|
States disregarding a national law
|
|
|
|
Is nullification allowed?
|
No
|
|
|
|
What happened during the civil rights movement in the 1950s?
|
States nullified the civil rights laws because it wasn't a national problem
|
|
|
|
Who came up with the name marble cake?
|
Martin Grodzins
|
|
|
|
What type of federalism was under JFK and Linden B Johnson?
|
Creative
|
|
|
|
What was believed under creative federalism to lead to a greater society?
|
Intergovernment actions
|
|
|
|
In dual federalism, the national level deals with.....
|
Foreign policy and national defense
|
|
|
|
What was not apart of "the great society"?
|
Civil rights
|
|
|
|
What are crossover sanctions?
|
Performance in one area that impacts another area
|
|
|
|
What is the Greater Commerce Power?
|
Going after anyone with commerce power
|
|
|
|
What case deals with Greater Commerce Power?
|
Heart of Atlanta Motel vs. United States (1964)
|
|
|
|
What type of federalism is a part of creative?
|
Permissive
|
|
|
|
What is permissive federalism?
|
Enough freedom is given to the states but able to be taken away if it is messed up
|
|
|
|
What type of federalism did Nixon practice?
|
New fiscal
|
|
|
|
What was a big part of new fiscal federalism?
|
Impoundment
|
|
|
|
What type of federalism that Reagan practice?
|
New regulatory
|
|
|
|
What was ended due to new regulatory federalism?
|
Revenue sharing
|
|
|
|
Dual federalism at the national level (examples)
|
Supreme Court
Election of 1800 Gibbons vs. Ogden Andrew Jackson |
|
|
|
What was a major part of new regulatory federalism?
|
Reduction regulations
|
|
|
|
What type of federalism was practiced by constitutional justices?
|
Our federalism
|
|
|
|
Who is greater under our federalism?
|
States
|
|
|
|
What ammendment has to do with our federalism?
|
10th
|
|
|
|
What type of federalism did Clinton practice?
|
Reinventing
|
|
|
|
What happened between states and national under reinventing federalism?
|
National gave money to states and let them decide how to use it
|
|
|
|
What occurred under reinventing federalism?
|
Greater efficiency and responsiveness over authority
Welfare Reform Act-1996 |
|
|
|
What type of federalism was practiced by bush?
|
New
|
|
|
|
What happened under new federalism?
|
Devolution revolution
|
|
|
|
New federalism referred to states as...
|
"Laboratories of democracy"
|
|
|
|
Andrew Jackson believed that liberty equaled...
|
State economic control
|
|
|
|
What type of federalism is practiced by Obama?
|
Progressive/cooperative
|
|
|
|
Progressive/cooperative federalism believes in...
|
Minimum standards
|
|
|
|
What do minimum standards allow?
|
Wiggle room
|
|
|
|
What is the constitutional foundation of federalism?
|
Expressed/implied powers (inherent)
Supremacy 10th amendment-reserved powers Powers denied to both (article 1) |
|
|
|
What are inherent powers?
|
Powers deemed automatic. They are relied in courts to recognize.
|
|
|
|
What was the outcome of Gibbons vs. Ogden?
|
A more narrowed definition of commerce
|
|
|
|
What power did Congress gain from Gibbons vs. Ogden?
|
The power to deal with economics that does not fit the definition of interstate.
|
|
|
|
What happened in the Supreme Court in 1810 due to Fletcher vs. Peck?
|
Reviewed state law unconstitutional
|
|
|
|
What does McCulloch vs. Maryland deal with dual federalism?
|
The supremacy clause
|
|
|
|
What was the type of federalism from the Civil War to the Great Depression?
|
Progressive
|
|
|
|
What were the provisions under progressive federalism?
|
Labor/bus laws
Commerce 16th amendment Industrial spread of United States Immigration |
|
|
|
Dual federalism leaves states to rule _______ and national to rule_______.
|
State stuff
Big stuff |
|
|
|
What was the state level mad about under progressive federalism?
|
Regulations because they were expensive
|
|
|
|
What was the change to the national level under progressive federalism?
|
National things were no longer left to the states
|
|
|
|
What type of federalism occurred from the Great Depression to 1961?
|
Cooperative or marble cake
|
|
|
|
What was the relationship between national and state under cooperative federalism?
|
National makes laws implemented by states
|
|
|
|
What is nullification?
|
States disregarding a national law
|
|
|
|
Is nullification allowed?
|
No
|
|
|
|
What happened during the civil rights movement in the 1950s?
|
States nullified the civil rights laws because it wasn't a national problem
|
|
|
|
Who came up with the name marble cake?
|
Martin Grodzins
|
|
|
|
What type of federalism was under JFK and Linden B Johnson?
|
Creative
|
|
|
|
What was believed under creative federalism to lead to a greater society?
|
Intergovernment actions
|
|
|
|
In dual federalism, the national level deals with.....
|
Foreign policy and national defense
|
|
|
|
What was not apart of "the great society"?
|
Civil rights
|
|
|
|
What are crossover sanctions?
|
Performance in one area that impacts another area
|
|
|
|
What is the Greater Commerce Power?
|
Going after anyone with commerce power
|
|
|
|
What case deals with Greater Commerce Power?
|
Heart of Atlanta Motel vs. United States (1964)
|
|
|
|
What type of federalism is a part of creative?
|
Permissive
|
|
|
|
What is permissive federalism?
|
Enough freedom is given to the states but able to be taken away if it is messed up
|
|
|
|
What type of federalism did Nixon practice?
|
New fiscal
|
|
|
|
What was a big part of new fiscal federalism?
|
Impoundment
|
|
|
|
What type of federalism that Reagan practice?
|
New regulatory
|
|
|
|
What was ended due to new regulatory federalism?
|
Revenue sharing
|
|
|
|
Dual federalism at the national level (examples)
|
Supreme Court
Election of 1800 Gibbons vs. Ogden Andrew Jackson |
|
|
|
What was a major part of new regulatory federalism?
|
Reduction regulations
|
|
|
|
What type of federalism was practiced by constitutional justices?
|
Our federalism
|
|
|
|
Who is greater under our federalism?
|
States
|
|
|
|
What ammendment has to do with our federalism?
|
10th
|
|
|
|
What type of federalism did Clinton practice?
|
Reinventing
|
|
|
|
What happened between states and national under reinventing federalism?
|
National gave money to states and let them decide how to use it
|
|
|
|
What occurred under reinventing federalism?
|
Greater efficiency and responsiveness over authority
Welfare Reform Act-1996 |
|
|
|
What type of federalism was practiced by bush?
|
New
|
|
|
|
What happened under new federalism?
|
Devolution revolution
|
|
|
|
New federalism referred to states as...
|
"Laboratories of democracy"
|
|
|
|
Andrew Jackson believed that liberty equaled...
|
State economic control
|
|
|
|
What type of federalism is practiced by Obama?
|
Progressive/cooperative
|
|
|
|
Progressive/cooperative federalism believes in...
|
Minimum standards
|
|
|
|
What do minimum standards allow?
|
Wiggle room
|
|
|
|
What is the constitutional foundation of federalism?
|
Expressed/implied powers (inherent)
Supremacy 10th amendment-reserved powers Powers denied to both (article 1) |
|
|
|
What are inherent powers?
|
Powers deemed automatic. They are relied in courts to recognize.
|
|
|
|
Implied powers are based upon _______ for interpretation.
|
Necessary and proper
|
|
|
|
What was the outcome of Gibbons vs. Ogden?
|
A more narrowed definition of commerce
|
|
|
|
What power did Congress gain from Gibbons vs. Ogden?
|
The power to deal with economics that does not fit the definition of interstate.
|
|
|
|
What happened in the Supreme Court in 1810 due to Fletcher vs. Peck?
|
Reviewed state law unconstitutional
|
|
|
|
What does McCulloch vs. Maryland deal with dual federalism?
|
The supremacy clause
|
|
|
|
What was the type of federalism from the Civil War to the Great Depression?
|
Progressive
|
|
|
|
What were the provisions under progressive federalism?
|
Labor/bus laws
Commerce 16th amendment Industrial spread of United States Immigration |
|
|
|
What are the Constitutional pillars of federalism? |
Supremacy (Article 1) War powers Commerce Tax/Spend Mandates |
|
|
|
In the Constitutional pillars, who are the war powers given to? |
the president |
|
|
|
What types of commerce is dealt with in the pillars? |
interstate/foreign |
|
|
|
What cases go along with commerce? |
Gibbons US vs Lopez (School Zone Fun Force Act)----Did not work |
|
|
|
What policy deals with political taxation and spending? |
Fiscal policy |
|
|
|
What are mandates? |
requirements/expectations laid down from national to states |
|
|
|
What are funded mandates? |
when the national gives states money |
|
|
|
What are examples of unfunded mandates? |
Americans with Disabilities Act Unfunded Mandate Reform Act of 1995 |
|
|
|
What are the most common type of mandates? |
Partially funded
|
|
|
|
What are the interstate relations? |
full, faith, and credit interstate priveledges and immunities interstate compact extradition |
|
|
|
Where are interstate relations located? |
article 4 |
|
|
|
What is full, faith, and credit? |
relationship with states |
|
|
|
What is Criminal Law? |
law that states don't have to enforce other state's laws |
|
|
|
What do interstate privledges and immunities do? |
keeps you from being treated differently because you are from a different state |
|
|
|
What is an interstate compact? |
every state shares something that must upkeep under agreement |
|
|
|
What is extradition? |
having to be tried in a state which the crime is committed |
|
|
|
What court cases deal with federalism? |
Marbury and McCulloch (Judicial Review and Interpretation of Powers) |
|
|
|
What happened in the Supreme Court from the 30s to the 90s? |
(Liberal) stopped protecting states from government |
|
|
|
Which party was the SCOTUS from the 90s on? |
Conservative |
|
|
|
What was the Violence Against Women Act? |
act dealing with the federal intrusion into state authority |
|
|
|
SCOTUS is... |
Conservative: 5 with 1 swing vote Liberal: 4 |
|
|
|
A centrist government is... |
enabling. |
|
|
|
A decentrist government is... |
limiting. |
|
|
|
What are modern day issues of centrist vs. decentrist governments? |
environmental gun control education immigration welfare |
|
|
|
What is devolution? |
return of federal authority back to states |
|
|
|
What is preemption? |
the application of supremacy |
|
|
|
What is the problem with devolution? |
the financial burden |
|
|
|
What is total preemption? |
federal absolute changes to state law |
|
|
|
What is partial preemption? |
national lays the ground rules states are responsible for carrying out |
|
|
|
What is an example of partial preemption? |
Affordable Care Act |
|
|
|
What is mandatory partial preemption? |
"You can do it, if you don't we'll do it for you." |
|
|
|
What is an example of mandatory partial preemption? |
Clean air (clean water) act |
|
|
|
What are grants? |
money from the national government handed off to the states |
|
|
|
What are the rules of grants? |
1. Revenue (for states) 2. Minimum standards 3. Equalize resources 4. Deal with national problems without having to go through government |
|
|
|
What does it mean to equalize resources? |
taking money from other states to pay for other states |
|
|
|
What are categorical grants? |
very specific big grants |
|
|
|
What is a formula grant? |
a categorical grant that has a formula into how much money you get |
"strings attached" |
|
|
What are examples of formula grants? |
highway grants |
|
|
|
What are block grants? |
the recepient gets to decide how to spend it |
|
|
|
What is an example of a block grant? |
Welfare 1996 (as long as it goes towards welfare)
|
|
|
|
Block grants deal with.. |
state discretion. |
|
|
|
What are project grants? |
specific towards research, program, with general ground rules |
|
|
|
Project grants believe how you get there depends on... |
you. |
|
|
|
What is the government action cycle?
|
The states provide today national provides tomorrow (or vice versa)
|
|
|
|
What is the government action cycle?
|
The states provide today national provides tomorrow (or vice versa)
|
|
|
|
What do republicans believe about politics of money?
|
Favor stated
Lower regulations Like block grants better "Laboratories of democracy" |
|
|
|
What is the government action cycle?
|
The states provide today national provides tomorrow (or vice versa)
|
|
|
|
What do republicans believe about politics of money?
|
Favor stated
Lower regulations Like block grants better "Laboratories of democracy" |
|
|
|
What do democrats believe about the politics of money?
|
Higher federal guidelines
National solutions |
|
|
|
What is the government action cycle?
|
The states provide today national provides tomorrow (or vice versa)
|
|
|
|
What do republicans believe about politics of money?
|
Favor stated
Lower regulations Like block grants better "Laboratories of democracy" |
|
|
|
What do democrats believe about the politics of money?
|
Higher federal guidelines
National solutions |
|
|
|
What are the techniques of federal control?
|
Direct orders
Cross cutting requirements Crossover sanctions |
|
|
|
What is the government action cycle?
|
The states provide today national provides tomorrow (or vice versa)
|
|
|
|
What do republicans believe about politics of money?
|
Favor stated
Lower regulations Like block grants better "Laboratories of democracy" |
|
|
|
What do democrats believe about the politics of money?
|
Higher federal guidelines
National solutions |
|
|
|
What are the techniques of federal control?
|
Direct orders
Cross cutting requirements Crossover sanctions |
|
|
|
What are cross cutting requirements?
|
National mandates that are not contained to one area
|
Cuts across many facets
|
|
|
What technique of federal control increases over time?
|
Cross cutting requirements
|
|
|
|
What technique of federal control increases over time?
|
Cross cutting requirements
|
|
|
|
What are components of greater federal control?
|
Growth of the nation
Industrialization Infrastructure Depression Political popularity |
|
|
|
What technique of federal control increases over time?
|
Cross cutting requirements
|
|
|
|
What are components of greater federal control?
|
Growth of the nation
Industrialization Infrastructure Depression Political popularity |
|
|
|
Once a federal program is created, it is hard to...
|
Get rid of
|
|
|
|
What technique of federal control increases over time?
|
Cross cutting requirements
|
|
|
|
What are components of greater federal control?
|
Growth of the nation
Industrialization Infrastructure Depression Political popularity |
|
|
|
Once a federal program is created, it is hard to...
|
Get rid of
|
|
|
|
What is the outcome of the growth of the nation (in terms of greater federal control)?
|
Becomes harder for states to care of individually
|
|
|
|
What technique of federal control increases over time?
|
Cross cutting requirements
|
|
|
|
What are components of greater federal control?
|
Growth of the nation
Industrialization Infrastructure Depression Political popularity |
|
|
|
Once a federal program is created, it is hard to...
|
Get rid of
|
|
|
|
What is the outcome of the growth of the nation (in terms of greater federal control)?
|
Becomes harder for states to care of individually
|
|
|
|
What is the problem with political popularity?
|
If people like them, it is hard to change
|
|
|
|
What is the outcome of not following direct orders?
|
Civil and criminal punishments
|
|
|
|
What is the outcome of not following direct orders?
|
Civil and criminal punishments
|
|
|
|
What is an example of a cross cutting requirement?
|
The 64 act
|
|
