Government 2305

Chapter 4 – “Federalism”

I.The Nature of the Union

Federalists and Anti-Federalists argued about ______and ______,

The Framers of the Constitution wanted to avoid the problems of another ______. (Def) ______

They didn’t want a ______either. (Def) the highest level of government, which has ______power over the ______levels.

In the US, there is a unitary system found in the ______of state governments and local governments.

But internationally, unitary governments are the ______; and federal systems are the ______.

A.The Constitution provides the framework for intergovernmental relations.

1.Between ______and the ______system on the spectrum of governments, lies federalism.

2.(Def) government that spreads power across a ______government and ______and ensures the existence of the ______governments.

3.Powers are ______in the federal system, but the ______clause allows national laws to ______state laws.

4.The laws delegated (______) to the national government are not available to the ______.

5.Other powers not delegated to the national government are ______to the states. The reserved powers are the subject of the ____ Amendment.

6.States are protected from other states by each of the following:

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  1. The appropriate balance of national and state power creates significant debate.
  2. The amount of control the national government has was debated from the start. This has to do with sovereignty. (Def) ______..
  3. The compact theory, provides more limited control. (Def) ______
  4. This theory is closely associated with the theory ______. (Def) the belief that states had the right ______.
  5. The Doctrine of Nullification was used by the ______, to maintain ______and later, racial segregation.
  6. Northern states favored the______. (Def) the Constitution joins the people together, more so than the states.
  7. This theory was supported strongly by ______..
  8. The meaning of federalism has ______over time and continues to do so…

II.Dual Federalism

(Def) the ______& ______governments have distinct areas of ______& ______, and people have rights as both citizens of ______& the United States.

It is also called, “______” federalism” (def) the “layers” represent the responsibilities of each layer of ______, separated by ______division.

  1. Dual sovereignty provides separate areas of authority for the two

Layers of government

  • (Def) The idea that ______national & state governments have ______, over different areas & functions.
  • The ____ Amendment gave practically everything else to the state government’s. (Def) also know as the police power (Def) ______
  1. Citizens of the US are also citizens of a state.
  • Dual citizenship (def) you are a citizen of both the State of ______and the ______. Rights and responsibilities can ______from state to state and can be ______on the state & national levels.
  • Examples of differences
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  • Barron v. Baltimore (1833) discusses the consequences of having “dual citizenship.” (Read pp. 109-110)
  1. Interpretation of the commerce clause affects national government power.
  • The national government is responsible for ______according to the “Commerce Clause.”
  • (Def) it gives Congress the power to regulate commerce with other ______, ______, & ______.
  • The power of the Commerce Clause can be seen throughout 19th century history was such events as…
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III.Cooperative Federalism

(Def) the national and state governments ______many ______& ______of authority.

A synonym for cooperative federalism is “______federalism”; where there is a mixing of state and federal ______..

During the New Deal programs of the 1930s, many such joint ventures were tried for the fist time. (Examples:)

i

ii

iii.

iv.

v.

Cooperative federalism has also been called “______” federalism (See Figure 4-1).

A.Implied powers increased the scope of permissible federal government activity.

  • In ______ (1819), Congress’s power was increased by the Court decision by using the “Necessary and Proper” or “______” (Art. 1, Sec. 8). (Def) Congress's ______to make a law needed to carry out ______assigned to it, by the Constitution.
  • Did the US government have the right to establish a national bank? (_____). Did the state of Maryland have the right to tax such a bank? (_____)
  • These decisions established the concept of ______.(Def) functions that ______can perform in order to implement & exercise its ______..
  • (Def) the powers ______in the US Constitution, which Congress has.
  • These enumerated (listed) powers include:
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  • These help to explain the McCulloch decision.

B.Redefining interstate commerce expands federal government power.

  • In NLRB v. Jones &. Laughlin Steel Corp. (1937), the Court ruled that ______also included…
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  • Environmental controls
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  • Working hours & conditions, overtime ay, etc.
  • All of these things and others are a part of the “______of interstate commerce”, giving interstate commerce a much ______definition.

C.Cooperative federalism uses multiple methods

  • The national—state relationship in cooperative federalism can also take on different forms, including; ______, ______, and ______.

1.Collaboration

  • The national government may set ______and then allow states to ______the standards,
  • At times, both national and state officials would share the ______goals, and work together.
  • However, this doesn’t always happen.

2.Mandates

  • (Def) a federal government ______that requires state governments to take a ______.
  • Examples:
  • Minimum nutritional requirements for ______lunches
  • Pollution ______for auto inspections
  • Mandates are unpopular with states because (1) ______, and (2) ______
  • Even more unpopular with state governments is the ______ (def) states must complete some ______without enough ______to take action.

3.Persuasion thru fiscal federalism

  • One of the best incentives is ______, That includes fiscal federalism (def______
  • . These include:
  1. Categorical grants (def) funds from the federal government to a ______/______for a specific purpose.
  2. Block grants (def) funds from the federal government to a state/city to support a ______government function. Revenue sharing (def)federal money provided to ______based on a ______, to areas of ______need.
  3. Revenue sharing was ______and ______in 1987. Today, i. and ii are used.
  1. Federalism can create both problems and solutions.
  • So, which is better?
  • Categorical grants have “______.”
  1. Federalism can create both problems and solutions.
  • SO which is better, Categorical grants or block grants?
  • ______have “______attached”, that is requirements necessary to receive the funds, are often very detailed
  • Block grants have ______specific requirements.
  • However, the ______for block grants is usually ______.
  • What works well at the ______level may be used with ______success at the national level, as well.
  • Research has suggested that federalism ______conflict between the national/state levels. (The Civil War is the exception that proves the rule…)

IV.Federalism in Flux

Since the early 1990s federalism has changed, BIG TIME!

A.Elected officials have initiated changes in federalism.

  • ______developed a different type of federalism, called the ______or ______ (def) the ______over government programs is ______from the ______to the ______governments.
  • All Presidents, thru Pres.. Clinton had supported ______.
  • Since 9/11, however, this has changed.

B.The Supreme Court has redefined contemporary federalism.

  • The ______began to re-define federal and state government’s ______.
  • The Court ______Congress’s commerce power, (Using the _____ Amendment and _____ Amendment!)

1.Reining in Congress’s use of the commerce clause.

  • In U.S. v Lopez (1995) the Court found the ______School Zones Act (1990), ______.
  • Also, in U.S. v. Morrison (2000), the Court struck down the Violence Against ______Act (1994), on the ______..

2.Reasserting dual sovereignty

  • The Supreme Court has used its decisions to reassure ______(def) states are immune from being ______by private persons unless ______by the state.
  • Thru its ______, the Court restored the ideas of the ______.

C.State officials have implemented significant new policy.

  • With more ______of the ______,changes have occurred at the ______level, concerning:
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D.Has there been a revolution in federalism?

  • Probably ____, because the federal government still remains involved in areas of ______.
  • Now states are ______to design their .______.
  • Also, the federal government still has ______ (def) laws that prohibit a ______from taking a specific ______..
  • But there was been state backlash to unpopular federal laws, such as:
  1. The Real ID Act of 2005
  2. No ______for members of COngress
  3. The ______Voter law of 1993
  4. HAVA of 2002
  5. The “______” Act (2002)
  6. The ______Act (1996) (a traditional definition of marriage act)
  7. ______Law (passed in California

Conclusion:

Federalism today is no longer a “______”, but, perhaps. A “______.” Dual federalism is the ______that keeps cooperative federalism from ______too far outside the constitutional ______.

Today, we have a more ______cooperative federalism, thru ______decision

Remember, new ______can mean more changes to______over the course of time…

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