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32 Cards in this Set

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  • Back
A hybrid agreement that mixes elements of a confederation, in which lower-level governments possess primary authority, and unitary government, in which the national government monopolizes constitutional authority. A system of government in which power is divided between a central government and several regional governments.
A government in which a single government unit holds the power to govern the nation. These are much more common.
Unitary system of government
A system of government in which power is divided between a central government and several regional governments.
A political system in which states or regional governments retain ultimate authority except for those powers they expressly delegate to a central government.
What are the three conditions required of a federal system?
1) The same people and territory are included in both levels of government.
2) The nation’s constitution protects units at each level of government from encroachment by the other units
3) Each unit is in a position to exert some leverage over the others.
The simplest possible arrangement. It leaves the states and the national government to preside over mutually exclusive “spheres of sovereignty.” A system of government in which the federal government and state governments each have mutually exclusive spheres of action.
Dual Federalism
A system in which the national and state governments share in providing citizens with a set of goods. This system recognizes that the national and state governments jointly supply services to the citizenry. While each level of government has exclusive authority over some policy realms, state and federal powers intersect over many of the most important functions.
Shared Federalism
What are some examples of exclusive powers of the national government?
-coining money
-regulating interstate and foreign commerce
-tax imports and exports
-make treaties
-make all laws “necessary and proper” to fulfill responsibilities
-make war
-regulate postal system.
What are some examples of exclusive powers of the state government?
-run elections
-regulate interstate commerce
-establish republican forms of state and local governments
-protect public health, safety, and morals
-all powers not delegated to the national government or denied to the states by the Constitution
What are some powers denied to the national government?
-tax state exports
-change state boundaries
-impose religious tests
-pass laws in conflict with the Bill of Rights
What are some powers denied to the state government?
-tax imports and exports
-coin money
-enter into treaties
-impair obligation of contracts
-enter contracts with other states without congressional consent.
Where do states and the national government share power?
-borrowing money
-charter banks and corporations
-taking property (eminent domain)
-enforcing laws
-administering a judiciary
What is the argument against nationalization?
The state governments will not have enough authority over what is important to them. The national government will end up with too much authority.
How did the United States become a nation of nationalized public policy instead of a nation of segmented communities?
The nation started out with the Home Rule which gave states rule over anything and everything that they wanted to separately do. This then turned into the whole country joining together in the constitutional conventions and formed the declaration of independence as well as the constitution. This allowed an overall national government to come to power which took away the feeling of small communities that were separate from each other. Instead this formed a unified national government that created policy to conduct throughout the country.
How have policy areas been transferred to the federal government?
The elastic clause states that in the future if there are things that the national government should have authority over. They were transferred by the amendments of the constitution and the problems were definitely solved because the states no longer had their own authority in certain arenas.
What problems did it solve to transfer policy areas to the federal government?
This change brought all of the states together as a country and united them.
The pollution in the United States and how people want the issue to be fixed but nobody will do anything about it because they assume that everyone else is doing nothing to fix it and it is easier to not regulate the causes of the issue.
Reneging and shirking
The United States was losing out on all trading deals because they were charging a lot for not as competent goods… their best bet would have been to come together and choose to negotiate together with Britain and agree on a common rate and then to negotiate with Britain on a common front. In this case, the states assume that others will not stick with the agreement and will break the agreement in which case they charge lower prices and end up being a part of _______________.
Cutthroat competition
What does the Constitution say about federalism- how does it promote it?
The constitution talks about the structure of the federal government referring mostly to the senate and also explicit rules reserving important prerogatives to the states. The Constitution believed in federalism but definitely defended the states and their rights.
How did the Senate aid the cause of states’ rights until the 17th Amendment was enacted?
There was equal representation in the senate and they could defend state prerogatives against national encroachment. The states would enforce authority over their representatives and make them vote a certain way and if they didn’t then they would have to resign and some actually did. The 17th amendment changed this because it enforced direct, popular election of senators instead of the original election which was not made by the population.
This states that the constitution is the supreme law of the land and that it has say over state law.
The Supremacy Clause
This court case brought together the supremacy and elastic clauses and moved them to the forefront of constitutional interpretation. The elastic clause gave the national government the implicit authority to create a bank.
McCullough versus Maryland
This court case states that states can’t regulate interstate commerce and that it’s a national regulation.
Gibbons versus Ogden
Funds given by Congress to state or local governments for a specific purpose. They help the relationship between federal and state governments.
A broad grant of money given by federal government to a state government. The grant specifies the general area (such as education or health services) in which the funds may be spent but leaves it to the state to determine specific allocations.
Block Grant
A grant of money given by the federal government to a state government for which the federal government provides matching funds, usually between one and two dollars, for every dollar the state spends in some area.
Matching Grant
Regulations set by the federal government.
Regulations in which the federal government will not pay the local or state governments for compensation of the regulation.
Unfunded mandates
Why are unfunded mandates controversial?
Federal law is forcing states to spend money from their own budget on administering statutes that weren’t even proposed by their own state legislature. It is unfair enforcement of power.
Statutes that apply certain rules and guidelines to a broad array of federally subsidized state programs.
Cross-Cutting Requirements
Stipulations that a state, to remain eligible for full federal funding for one program, must adhere to the guidelines of an unrelated program. Such as the federal highway funds being tied to the state adoption of a minimum drinking age of 21.
Crossover sanctions
Requirements that can be enforced by legal and civil penalties.
Direct Orders