Federalism

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Federalism Federalism

Transcript of Federalism

Page 1: Federalism

FederalismFederalism

Page 2: Federalism

Nullification3 point clue

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This theory was put into practice during the civil war when the southern states claimed the right to succeed from the Union

Theory ended the civil war

States void federal laws they deem in conflict with the Constitution

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Categorical Grants

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Federal money given to groups

States put up money to match some part of the grant

These grants are for specific purposes defined by federal law

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McCulloch v Maryland

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. Broad interpretation of the “necessary or proper” clause

. Power to manage money is in the constitution

The federal government was supreme when the tax was not allowed thus the national government won.

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Mandates

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Civil rights and environmental protection

Conditions of aid

The federal government imposes its will outside the context of grants

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Block Grants

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Large sum of money

Granted by national government to a regional government

Only general provisions as to what it funds

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Ex Post Facto Law

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. Latin term

Changes the legal consequences of actions that existed prior to the enactment of the law

“From after the action”

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Cooperative Federalism

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Multi-branched federalism

Local State National

. Branches working together to collectively solve problems

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Dual Federalism3 point clue

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Legal theory that has prevailed in the United States

Relationship between national and state government

. Each branch is split into separate governments (separation of powers

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Enumerated Powers3 point clue

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Article 1 Section 8 of the United States Constitution

power to regulate interstate trade, coin money, declare war, etc

enumerate the authority granted to the United States Congress.

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Delegated Powers3 point clue

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Examples include coin and print money

Regulate interstate and foreign trade

Powers granted to national government under U.S. Constitution

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US V. Lopez3 point clue

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Most important case for chief justice William Reinquest

All about guns

Found congress didn’t have right to regulate firearms

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Elastic Clause3 point clue

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Other name for necessary and proper clause

It is a check for congress on the other branches

Gives Congress power to make laws that are needed for executing their powers

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Confederation system3 point clue

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Articles of Confederation used this system of government

Central government gets power from states

This is the third of the three systems of government. The other two being federal and unity.

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Federalist paper #103 point clue

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According to this “_____ cannot be removed”

Says our country should be a republic

This was written by Madison and is all about factions

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Articles of confederation3 point clue

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Many weaknesses in this like not being able to make a army

Made states stronger then the central government

This is the first constitution in the country

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Federalist3 point clue

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Madison, Hamilton, and John Jay were all in this group

They are a group for the constitution

They are opposed by the Anti-federalist

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Factions3 point clue

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Group of individuals with a political purpose

Madison said these cant be removed

Federalist paper 10 is all about these groups

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Gibbons V. Ogden3 point clue

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Steam boats in New York started this

Found New York law conflicted with congress power

Answered the question if congress can regulate commerce between states

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Sovereignty3 point clue

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This lies with the people

A government that has this is legally and independent of any other government

Supreme or ultimate political authority

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Recall3 point clue

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Gray Davis had this happen to them cause the people weren't happy with him

People have this as a check on politicians

Through this a elected official is removed from office

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Revenue Sharing3 point clue

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This policy was in place from 1972-1987

It lost federal support during Reagan Administration. In 1987, it was replaced with block grants in smaller amounts to reduce the federal deficit

A government unit’s apportioning of part of it’s tax income to other units of government

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Unfunded Mandates3 point clue

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Any one of many federal legislations such as the Clean Air act or the Clean Water act

It ends up that local taxpayers of the state have to pay for this type of order

Statute or regulation that requires a state or local government to perform certain actions yet provides no money for fulfilling the requirements

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Unitary System3 point clue

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In this the central government commonly delegates authority to sub national units and channels policy decisions down to them for implementation

It contrasts with the federal system

A system of political organization in which most or all of the governing power resides in a centralized government

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Devolution3 point clue

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This occurs through conventional statutes rather than through a change in a country’s constitution

It differs from federalism in that the powers devolved may be temporary and ultimately reside in the central government

The statutory granting of powers from the central government to a government at a sub national level

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Initiative3 point clue

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This direct form of legislation, together with the referendum, was known in Greece and other early democracies

It is intended to allow the electorate to begin legislation independently of the legislature.

The originating of a law or constitutional amendment by popular petition.

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Conditions of Aid3 point clue

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This is normally given to a state that needs assistance

States must agree to abide by certain rules in order to receive this grant

Federal rules attached to grants that states receive

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Federalism3 point clue

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Sovereignty in this political order is not centralized between at least two levels so that units at each level have final authority and can be self governing in some issue areas

This term defines the basic structure of American government

The evolving relationship between US state government and the federal government of the US

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Referendum3 point clue

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It is a form of direct democracy

This may result in the adoption of a new constitution, a constitutional, a law, the recall of an elected official or simply a specific government policy

A direct vote in which an entire electorate is asked to either accept or reject a particular proposal

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Separation of power3 point clue

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This term originated with the baron de Montesquieu

The framers of the constitution decided to base the American governmental system on this idea

This idea divides government into branches

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Grants in Aid3 point clue

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If a state wants this they must comply to what a higher level of government is telling them to do with it

This kind of funding is usually used when the government and parliament have decided that the recipient should be publicly funded

A sum of money granted by one government to a lower level of government