Gov 2301 Ch 3

Front 1

List the 3 levels of gov't. most involved in determining how to pay the monetary price for rebuilding New York City after 9/11 ?

Back 1

1. New York City
2. New York state
3. US Gov't.

Front 2

List the 3 elected gov't representatives who were left to the negotiations debating how to spend the money Congress provided for the rebuilding of New York City?

Back 2

1. Pres. George Bush
2. New York Gov. George Pataki
3. New York City's newly elected Mayor Michael Bloomburg

Front 3

Define states' rights

Back 3

Those rights that have neither been granted to the national gov't. nor forbidden to the states by the US Constitution.

Front 4

Define federalism:

Back 4

A political system in which 2 or more distinct levels of gov't share and exercise power over the same body of citizens.

Front 5

What is the system of gov't in which all of the power is vested in a central authority that could complet the state gov'ts. to respond.

Back 5

A unitary system.

Front 6

What is the system of gov't in which the power to govern is decentralized among sovereign state, and the national gov't. has such limited powers that it must respond to state dictates?

Back 6

A confederation system.

Front 7

LIst the 2 basic systems of democratic systems of gov't rejected by the origianl framers of the Const.?

Back 7

1. A unitary system
2. A confederation system.

Front 8

List 4 Major advantages to federalism:

Back 8

1. Diversity among policies & programs is ensured by the large number of different gov'ts.
2.Policy diversity also minimizes policy conflict.
3. It results in a healthy dispersal of power.
4. Enhances the prospects for governmental experimentation & innovation.

Front 9

List 2 Disadvantages to federalism:

Back 9

1.Groups in certain regions will work to protect their interests sometimes obstructing and ignoring national mandates.
2. Governmental programs at the local level can vary dramatically.

Front 10

List the 3 constitutional provisions that make up the "Triad of Powers" found in the Const.

Back 10

1. The Interstate Commerce Clause
2. The General Welfare Clause
3. 10th Amendment:powers not delegated to the US by the Const. nor prohibited by it to the States, are reserved for the States.

Front 11

What is the function of the "Interstate Clause" of the Const.

Back 11

Sought to rectify the inability of the national gov't. under the Articles of Confederation to control the movement of goods across the state lines.

Front 12

List examples of the national policies resulting from broad interpretations of the "Interstate Commerce Clause"

Back 12

1. regulates minimum wages and max. work hours.
2. apportionment of scholarships between men & women on college sports teams
3. campus housing regulations
4. food you eat

Front 13

Define the function of the "General Welfare Clause" of the Const.

Back 13

"lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debt and provide for the common Defense and general Welfare of the US."

Front 14

Which of the Triad Powers expanded the national gov't's reach into the pocketbook of the states with "carrot-and-stick" programs?`

Back 14

General Welfare Clause

Front 15

Cite an example of a public policy resulting from the result of a "carrot-and-stick" program?

Back 15

The tying of federal funds to highway funds and forcing the states to raise mandatory minimum drinking ages to 21.

Front 16

Which Triad Power kept the national gov't from dominating the federal structure from the very beginning?

Back 16

The 10th (Tenth) Amendment.

Front 17

Which Triad Power states: "The powers not delegated to the US by the Const., nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Back 17

The Tenth (10th) Amendment.

Front 18

Which Triad Power found in the Const. has been used freguently in the recent past to create a "devolution" of power from the national gov't to the states?

Back 18

The 10th (Tenth) Amendment.

Front 19

What is the clause in Article VI (6) of the Constitution holding that in any conflict between federal laws & treaties & state laws, the will of the nationial gov't always prevails.

Back 19

The Supremacy Clause

Front 20

What powers are delegated specifically in the Const. to the national government.

Back 20

Delegated Powers

Front 21

What powers are not specifically stated in the Const. but can be inferred from the delegated powers?

Back 21

Implied Powers

Front 22

What powers do not appear in the Constitution but are assumed because of the nature of gov't.

Back 22

Inherent Powers

Front 23

What powers are not assigned by the Const. to the national gov't but are left to the state or the people, according to the Tenth (X) (10th) Amendment?

Back 23

Reserved powers

Front 24

What is the name of the group of reserved powers guaranteed in the Tenth Amendment that regulate the health, morals, public safety and welfare of state citizens?

Back 24

Police Powers.

Front 25

Cite examples of a delegated power of the national gov't.

Back 25

1.Only national gov't can declare war
2.Raise & support an army
3. Make treaties with other nations
4. Coin money

Front 26

Cite an example of implied powers of national gov't.

Back 26

1. Power to tax & spend to cover construction of nation system of roads

Front 27

Cite examples of an inherent power of the national gov't.

Back 27

1, Conduct foreign relations
2. Make war even in the absence of a formal declaration
3. Protect national gov't officials against bodily harm or threats.

Front 28

What is the title of powers that are shared b y both levels of gov't?

Back 28

Concurrent Powers

Front 29

Cite examples of concurrent powers that both national & state gov'ts share?

Back 29

1. regualte commerce
2. levy taxes
3. run a road system
4. estalish their own elections
5. maintain their own judicial structures

Front 30

Cite examples of powers denied to the national gov't.

Back 30

1. cannot pass legislation in areas of freedosm of speech, freedom of religion, freedom of the press, and defendent rights.

Front 31

Cite examples denied to both state & national gov'ts:

Back 31

1. may not grant titles of nobility
2. may not pass bills of attainder ( which legislate the guilt of an individual without the benfit of a trial.
3. may not pass ex post facto laws which declare an action to be a crime after it has been committed.

Front 32

When did the first debate begin about national vs. states const. powers?

Back 32

The creation of a national bank during George Washington's administration.

Front 33

Describe Alexander Hamilton's position regarding the establishment of a national bank.

Back 33

By chartering a national bank the national gov't could build on its power to coin money, operate uniform currency system, and regulate commerce.

Front 34

Describe Thomas Jefferson's position regarding the chartering of a national bank:

Back 34

He opposed, arguing that since no explicit power to charter banks was written into the Const., that power was reserved to the states.

Front 35

Describe how Supreme Court Chief Justice John Marshall explained his opinion in McCulloch v. Maryland.

Back 35

He turned to the necessary & proper clause of the Const. finding there the implied power for the national gov't to do what was convenient to carry out the powers delegated to it in Art. #, Section 8.

Front 36

Describe Supreme Ct. Chief Justice John Marshall's basic philosophy of the role of a national gov't.

Back 36

He advocated a strong, centralized national power.

Front 37

Describe what the case McCulloch vs. Maryland was about.

Back 37

State of Maryland attempted to tax the national's banks operations.

Front 38

Describe briefly the case, Gibbons v. Ogden

Back 38

Did the central gov't's. power over interstate commerce predominate over an individual state's power to regulate intrastate commerce (within a state's boundary.)

Front 39

Who were the initial proposers of "nullification?"

Back 39

Thomas Jefferson and James Madison

Front 40

Describe the theory of nullification

Back 40

the notion that states faced with unacceptable national legislation could declare such laws null and void and refuse to observe them.

Front 41

List 2 examples when the notion of nullification was gaining popularity amongst the states

Back 41

1. in the 1820'and 1830's when the national gov't raised tariffs on raw material and manufactured goods, therby protecting the northern industries but forcing southerners to pay high prices.
2. when the national gov't attempt to restrict slavery.

Front 42

What ws the prevailing view of federalism following the Civil War?

Back 42

Dual federalism

Front 43

Describe "dual federalism"

Back 43

Each level of power remains supreme in its own jurisdiction, thus keeping the states separate and distinct from the national gov't.

Front 44

What was one of the causes that created an economic environment opposed to gov't interference and regulation?

Back 44

industrial expansion during the years between 1877 and 1937.

Front 45

What caused the eventual end to dual federalism?

Back 45

The Great Depression

Front 46

What motivated Roosevelt's plan to "pack" the Supreme Ct. with a new justice for each one over the age of 70 years old up to a total of 15 justices?

Back 46

The Supreme Ct's initial response in case rulings to Roosevelt's "New Deal"

Front 47

The "New Deal " era ushered in what new form of federalism?

Back 47

Cooperative federalism.

Front 48

Describe "cooperative federalism"

Back 48

Solutions for various state & local problems are directed and sometimes funded by the national gov't and are then administered by the state gov'ts according to national guidelines.

Front 49

Cite an example of a "cooperative federalism" based program:

Back 49

The rebuilding of New York City after the attack of 9/11.

Front 50

What type of federalism is characterized by shared pwoer and shared responsibilities between the national gov't and the states' governments?

Back 50

cooperative federalism.

Front 51

What 3 constitutional protections help create a balance of power between the state and national levels of gov't.?

Back 51

1. Regulation of commerce
2. Right to Collect taxes
3. !0th Amendment.

Front 52

What was the result of the rise of "cooperative federalism"?

Back 52

1. An increase in the power of the national go'vt.
2. A drive to achieve uniformity of programs throughout the country, often at the expense of state power & innovation.

Front 53

What was a major feature of the judical movement of the 1950' and 1960's?

Back 53

It created a new role of the national gov't as a protector of personal rights guaranteed by the Constitution.

Front 54

What is the term used to describe the process used by the Supreme Ct to ensure uniformity of personal rights and legal protections from one state to another

Back 54

"Incorporation of the Bill of Rights."

Front 55

What makes up the Bill of Rights?

Back 55

The first 10 amendments to the Constitution.

Front 56

Cite examples of actions taken by the Supreme Ct influenced the uniformity of judicial process in both levels of governments:

Back 56

1. Rights to counsel (Scottsborro)
2. Social equality (Brown v. Board of Ed)
3. Economic equality (War on Poverty)

Front 57

Name the term for money paid to state & localities to induce them to implement policies in accordance with federally mandated guidelines

Back 57

"Grant-in-aid"

Front 58

Name the term for the payment by the national government to a state to be spent in certain policy areas.

Back 58

INTERGOVERNMENTAL TRANSFER

Front 59

Name the term for the national requirement that is attached to a grant-in-aid program

Back 59

Condition of aid

Front 60

T or F
The number of grant-in-aid programs has been declining for the last decade.

Back 60

False. They grew from 594 to 660 in the years 1993-1999 alone.

Front 61

Describe catregorical grants

Back 61

are given for specific purposes, usually with strict rules

Front 62

List the 3 types of categorical grants

Back 62

1. formula grants
2. project grants
3. formula/project grants

Front 63

Describe what is a formula grant

Back 63

allocations of federal money to states & localities based on a prescribed legislative distribution formula for continuing activities which are not confined to a specific project.

Front 64

Which grant is an allocation of federal money to states and localities based on a prescribed legislative distribution formula for continuing activities whish are not confined to a specific project.

Back 64

formula grant

Front 65

Describe what is a project grant?

Back 65

Not based on a formula, it is distributed for specific purposes after a competitive application & approval process for a fixed period of time.

Front 66

What type of grant is not based on a formula but is distributed for specific purposes after a competitive application & approval process for a fixed period of time.

Back 66

Project grant

Front 67

What are project grantst also known as?

Back 67

Discretionary grants

Front 68

Why are project grants also known as discretionary grants?

Back 68

they are distributed at the discretion of a designated legislator or administrator.

Front 69

Describe what is a formula/project grant?

Back 69

a competitive grant that is awarded but that is also retricted by the use of a formula

Front 70

Define what is a block grant:

Back 70

A group of consolidated grants into one large grant that provides money for broad functional program areas & that the funds may be used at the recipient governmental level's discretion.

Front 71

What is a federal mandate:

Back 71

A direct order from Congress to the states to fulfill.

Front 72

By 1995, what percentage of state budgets were spent on federal mandates?

Back 72

25 %.

Front 73

When was the Era of Creative Federalism?

Back 73

The Johnson years 1963-1968

Front 74

What is the term for an intiative that expanded the concept of the partnership between the national government and the states under Pres. Johnson in the 1960's?

Back 74

Creative federalism

Front 75

List examples of grants awarded during the Era of Creative Federalism:

Back 75

1.improving quality of life for handicapped, migrant workers, and neglected children
2. bilingual
3. desegregation

Front 76

List 3 programs that still exist that originated during the Era of Creative Federalism:

Back 76

1. Head Start
2. Free legal services for the poor
3. Food stamps to feed the poor

Front 77

What was the cornerstone to Nixon's "New Federalism"?

Back 77

General revenue sharing (GRS)

Front 78

Describe general revenue sharing:

Back 78

money is given to the states with no restriction on how it can be spent.

Front 79

Describe what is "specific revenue sharing":

Back 79

groups of categorical grants-in-aid in related policy area such as crime control or health care are consolidated into a single block grant.

Front 80

What was a problem with revenue sharing programs?

Back 80

Lists of expenditures can be so general that rather than using the money to replace on old grant-in-aid programs, states began using the money to cover their basic operating expenses including state public officials' salaries.

Front 81

Why did Congress abolish revenue sharing?

Back 81

Because there was a lack of control over both the amount and the nature of the spending.

Front 82

When did Congress abolish revenue sharing to the states?

Back 82

1981

Front 83

When did Congress abolish revenue sharing to localities?

Back 83

1986

Front 84

HOw did Jimmy Carter attempt to distribute fed dollars?

Back 84

By attempting to combine the best aspects of Johnson's creative federalism and Nixon's New Federalism to more precisely target federal aid to the most hard-pressed communities.

Front 85

What ws Pres. Reagan's campaign pledge?

Back 85

Restore the power and aurthority to the state governments.