Federalism Review

Major Concepts Federalism- balance of power between national and regional (state and local governments) Supremacy Clause- Article VI establishes the US Constitution and laws supreme over state constitutions and laws 10th Amendment- any power not granted to the national govt. or denied to the states is reserved to the states (reserved powers) Enumerated (expressed powers)- those powers clearly listed in the Constitution Implied powers- powers that allow the national govt. to carry out their enumerated powers Gibbons v. Ogden- broad interpretation of the Elastic Clause, strengthened the federal govt. by granting them the power to regulate interstate commerce Necessary and Proper (Elastic) Clause, aka Commerce clause- Constitutional provision most exercised to strengthen natl. govt. power McCulloch v. Maryland- Granted implied powers to the natl. govt, reaffirmed supremacy of natl. govt. over state govts.

Major Concepts Fiscal federalism Categorical grants- $$ given for a specific purpose, little room for state discretion on how it is spent Block grants- more state discretion Unfunded mandates- Federal govt. forces state and local govts. to pay for nationally adopted programs (ie- Medicaid, Americans with Disabilities Act) Dual federalism (layer cake model)- pre-New Deal model, clear distinction between national and state responsibilities Cooperative federalism (marble cake model)- more like our govt. today, more shared responsibilities between natl. and state govts.

The terms “fiscal federalism” and “cooperative federalism” refer to situations in which The federal government completely dominates state and local governments States are forbidden any activity that has not been specifically approved by the Supreme Court The federal judiciary uses its powers of judicial review to ensure congressional dominance over state legislatures State, municipal, and local income taxes are pooled by special agreement and redistribution in accordance with individual need Federal, state, and local governments work together to complete a project, with the federal government providing much of the funding

The terms “fiscal federalism” and “cooperative federalism” refer to situations in which The federal government completely dominates state and local governments States are forbidden any activity that has not been specifically approved by the Supreme Court The federal judiciary uses its powers of judicial review to ensure congressional dominance over state legislatures State, municipal, and local income taxes are pooled by special agreement and redistribution in accordance with individual need Federal, state, and local governments work together to complete a project, with the federal government providing much of the funding

Of the following, which has been used most to expand the power of the national government? The commerce clause The habeas corpus clause The bill of attainder clause The First Amendment The Tenth Amendment

Of the following, which has been used most to expand the power of the national government? The commerce clause The habeas corpus clause The bill of attainder clause The First Amendment The Tenth Amendment

The Tenth Amendment to the Constitution has been interpreted by the Supreme Court to Prevent states from taxing agencies of the federal government Reserve powers to the states Restrict the application of judicial review Allow for the burning of the flag as an expression of protest Limit the use of legislative veto

The Tenth Amendment to the Constitution has been interpreted by the Supreme Court to Prevent states from taxing agencies of the federal government Reserve powers to the states Restrict the application of judicial review Allow for the burning of the flag as an expression of protest Limit the use of legislative veto

Which of the following actions by the federal government best illustrates the concept of unfunded mandates? Requiring that polling booths remain open beyond the hours of the workday Requiring states and municipalities (cities) to provide certain services to their citizens without providing resources to pay for those services Requiring state governments to guarantee short-term bonds issued by large municipalities Requiring all municipalities to impose a minimum property tax on all residential and business properties Requiring states and municipalities to privatize many previously publicly funded services

Which of the following actions by the federal government best illustrates the concept of unfunded mandates? Requiring that polling booths remain open beyond the hours of the workday Requiring states and municipalities (cities) to provide certain services to their citizens without providing resources to pay for those services Requiring state governments to guarantee short-term bonds issued by large municipalities Requiring all municipalities to impose a minimum property tax on all residential and business properties Requiring states and municipalities to privatize many previously publicly funded services

The procedure for formally amending the United States Constitution best illustrates which of the following? The dominance of the national government over the states The dominance of the state governments over the national government The Founding Fathers’ desire to facilitate rapid constitutional revisions The Supreme Court’s power to review constitutional amendments The federalist structure of the United States

The procedure for formally amending the United States Constitution best illustrates which of the following? The dominance of the national government over the states The dominance of the state governments over the national government The Founding Fathers’ desire to facilitate rapid constitutional revisions The Supreme Court’s power to review constitutional amendments The federalist structure of the United States

States and localities have the most discretion in establishing policy when federal funding is derived from Categorical grants Matching grants Block grants Project grants Grants-in-aid

States and localities have the most discretion in establishing policy when federal funding is derived from Categorical grants Matching grants Block grants Project grants Grants-in-aid

The reserved powers of the state governments can best be described as those powers Not specifically granted to the national government or denied to the states Implied in the First Amendment Listed specifically in the Tenth Amendment Exercised by both national and state governments Granted to states as part of the implied powers doctrine

The reserved powers of the state governments can best be described as those powers Not specifically granted to the national government or denied to the states Implied in the First Amendment Listed specifically in the Tenth Amendment Exercised by both national and state governments Granted to states as part of the implied powers doctrine

In McCulloch v. Maryland, the Supreme Court established which of the following principles? States cannot interfere with or tax the legitimate activities of the federal government The judicial branch cannot intervene in political disputes between the President and Congress The federal Bill of Rights places no limitations on the states The federal government has the power to regulate commerce It is within the judiciary’s authority to interpret the constitution

In McCulloch v. Maryland, the Supreme Court established which of the following principles? States cannot interfere with or tax the legitimate activities of the federal government The judicial branch cannot intervene in political disputes between the President and Congress The federal Bill of Rights places no limitations on the states The federal government has the power to regulate commerce It is within the judiciary’s authority to interpret the constitution

In a federal system of government, political power is primarily Vested in local governments Vested in the regional governments Vested in the central government Divided between the central government and regional governments Divided between regional governments and local governments

In a federal system of government, political power is primarily Vested in local governments Vested in the regional governments Vested in the central government Divided between the central government and regional governments Divided between regional governments and local governments

Essay Prompt The power of the federal government in relation to the power of the states has increased since the ratification of the Constitution. a. Describe two of the following provisions of the Constitution and explain how each has been used over time to expand federal power The power to tax and spend The necessary and proper clause The commerce clause b. Explain how one of the following has increased the power of the federal government relative to the power of the state governments Americans with Disabilities Act Civil Rights Act of 1964 Clean Air Act

Essay Prompt The framers of the Constitution created a federal system Define federalism Select two of the following and explain how each has been used to increase the power of the federal government relative to the states. Categorical grants Federal mandates Selective incorporation Select two of the following and explain how each has been used to increase the power of the states relative to the federal government. Welfare Reform Act of 1996 Block grants Tenth Amendment