FederalismFederalism

Unitary system3 point clue

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A political system

Most governments in the world use this system.

Decision making originates at the top, and is channeled downward.

“Necessary & proper” clause

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Clause found in Article 1 Section 8.

Congress can pass all laws to carry out enumerated powers

Also called the Elastic clause, this gives the government the ability to claim more powers than are specifically spelled out in the Constitution.

McCulloch v. Maryland3 point clue

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Supreme Court case that dealt with the refusal to pay tax

Conclusion: Chartering national bank was “necessary and proper”

More than the ruling that the states could not tax the federal government, the main constitutional issue that came out of this case was that the necessary and proper clause were interpreted broadly...giving the federal government more power.

Mandate3 point clue

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Rules/orders

Imposed on states; must follow

Rules followed as conditions for obtaining federal grants or requirements that states pay costs of certain nationally defined programs. Can also be unfunded.

Implied Powers3 point clue

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John Marshall invoked this in McCulloch v. Maryland

Exists because it was impossible for the founders to define all the duties and ways the federal government should be used.

A power authorized by the constitution that is not directly stated.

10th Amendment3 point clue

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Congress uses the elastic clause to counter this.

According to this, the united states government only has the power to regulate matters that are specifically given to it by the constitution.

States Rights Amendment saying powers not granted to the national government are reserved to the states.

Marble Cake Federalism3 point clue

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FDR’s New deal policies started this type of federalism.

A federal drinking age at 21 is a good example of this.

In this example of federalism national, state, and local powers are mixed in a cooperative collective way, rather than in equal layers.

Reserved Powers3 point clue

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Includes education and police protection.

Powers ensured by the tenth amendment.

These powers refer to the powers not specifically granted to the federal government, which are saved for the states.

Revenue Sharing3 point clue

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This type of fiscal federalism lost support under Ronald Reagan.

It was replaced with block grants in small amounts.

When the federal government shares a certain percent of its revenue with the state and city governments.

Conditions of Aid3 point clue

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Federal Rules

For example if a state doesn’t have a no texting while driving law highway funds may be withheld.

The ‘conditions’ that states have to meet in order to receive federal grants.

Confederation3 point clue

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Form of govt. the US was under 1776-1787

Under the Articles of Confederation

System of govt. when power is held by independent states or local govts.

Layer Cake Federalism3 point clue

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This was how federalism originally worked, before the Great Depression.

System of “no interactions” and an “autonomous relationship” between national and state governments.

Also known as dual federalism, this is the opposite of marble cake federalism.

Gibbons v. Ogden3 point clue

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A supreme court case where a monopoly was challenged.

The Supremacy clause was used to strike down a New Jersey Law

The broad definition of commerce gave more power to the federal government.

Block Grant3 point clue

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Form of fiscal federalism, reduced under Reagan and Bush administrations

Welfare reform is example, implemented during Clinton’s admin.

Money from the national government for programs in certain general areas that the states can use at their discretion.