Federalism
What is Federalism?
The sharing of power between national and state governments.
What are exclusive powers?
Exclusive powers are those that are specifically given to the federal government and found in the Constitution.
What are the two types of grants under fiscal federalism?
Block Grants-Money given to states for broad purposes that lets states spend it as they see fit.
Categorical grant-Money given to states for specific purposes and usually with matching funds
Majority rule versus minority rights comes from:
the Enlightenment philosopher Jean Jacques Rousseau.
Who is the author of Brutus I and Federalist #10?
Robert Yates and James Madison
What is fiscal federalism?
Fiscal federalism is power shared primarily through money, which is the most common example of federalism in action.
Give examples of exclusive powers:
Also known as Enumerated Powers. Examples of Exclusive Powers: • Regulate commerce interstate commerce • Coin money • Establish post offices; • Protect patents and copyrights • Declare war • Raise and support an army and navy
What are the two types of mandates under fiscal federalism?
Mandates-Directives that require state compliance and the federal government sets rules and provides funding.
Unfunded mandates-Directives that require state compliance but the federal government no funding.
What is the supremacy clause and where is it found?
It says that the Constitution is the supreme law of the land. It is found in Article VI of the Constitution.
An extreme example of pluralist democracy is called:
Hyperpluralism: When this occurs multiple groups become so politically powerful that the government is unable to work for the people.
What is devolution?
The process of returning power to the states and away from the federal government.
What are reserved powers?
Reserved powers are those powers that are kept by the states as stated in the 10th Amendment.
Give examples of mandates and unfunded mandates?
Education: The No Child Left Behind Act (now Every Student Succeeds Act) required states to develop standardized tests and give these assessments to all students at certain designated grade levels, but did not always provide adequate funding for these tests.
Civil Rights: The Americans with Disabilities Act (ADA) requires businesses and public entities to make accommodations for people with disabilities, but may not provide funding for these accommodations.
Healthcare: Medicaid, a federal program that provides healthcare to low-income individuals, requires states to meet certain standards and regulations, but may not always provide sufficient funding to cover the costs of these regulations.
Why did Brutus I hate the necessary and proper clause?
• The writer of Brutus I HATED the necessary and proper clause because he believed that it gave the federal government far too much power
Separation of powers comes from the Enlightenment philosopher:
Montesquieu
How did the No Child Left Behind Act of 2001 shift the balance of federalism?
The No Child Left Behind Act increased the power of the federal government in the area of education by tying federal funding to achievement criteria.
What are examples of Reserved powers?
Examples of Reserved Powers: • Public education • Issuing licenses • Provide public safety • Running elections
Give an example of devolution:
The District of Columbia offers an illustration of devolved government. The District is separate from any state, and has its own elected government.
The federal govt gave back the power of the states to choose their own speed limit.
What is the difference of INTERSTATE commerce and INTRASTATE commerce?
Interstate Commerce = trade that happens between multiple states • Intrastate Commerce = trade that happens inside a single state
What's an example of the social contract?
People are willing to give up their freedom (liberty) to pack whatever they want on an airplane, so that the government (TSA) will protect everyone’s safety (life) on the airplane.
What are the four parts of the Constitution that work to balance power between the federal and state government?
The four parts of the Constitution that work to balance the power between federal and state government are the 10th Amendment, the 14th Amendment, the commerce clause, and the necessary and proper clause.
What are concurrent powers?
Concurrent powers are those that are shared by both the federal and state governments.
How did the USA Patriot Act, passed after September 11th, shift the balance of federalism?
The USA Patriot Act increased the power of the federal government in the area of public safety by allowing federal agencies to gather intelligence by phone tapping and monitoring emails.
What are examples of Concurrent powers?
Examples of Concurrent Powers: • Setting up courts & laws • Levying taxes • Building roads • Spending and borrowing money
What are the four famous enlightenment thinkers that impacted the American Framers?
Famous Enlightenment Thinkers: • John Locke • Thomas Hobbes • Jean-Jacques Rousseau • Montesquieu