Brandon, paul, and monica's template (federalism)

FederalismFederalism

Monica Rhee, Paul Morgan, and Brandon Lew

Inherent powers3 point clue

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Deals with Article 2, Section 1

The issue was brought up between Eugene V. Debs and labor unions

Presidential powers?

Unitary system3 point clue

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A political system

Political system where subnational political units dependent on national government’s will

Sovereignty is solely in the hands of government

“Necessary & proper” clause

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Article 1, Section 8

Congress can pass all laws to carry out enumerated powers

Elastic clause

Nullification3 point clue

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Theory that James Madison and Thomas Jefferson thought of

Action that is used against federal law that violated the Constitution

Formal declaration that a law is null and void.

Special act charter3 point clue

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Power limitation on certain named cities

Tells what the named city can and cannot do

Charter that denies power of a city

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”

Ruling: States cannot tax a federal bank

Direct democracy3 point clue

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Political system involving all citizens

All citizens participate directly by either holding office or making policy.

Participatory democracy

Referendum3 point clue

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Number of required signatures for a popular vote

Law can be proposed by a voter’s initiative or legislature

Practice of submitting a law to popular vote at election time

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

Capital grant3 point clue

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Type of fiscal federalism

Given by government to encourage acquisition of building, land, machines, etc

Encourages acquisition of capital assets

Implied Powers3 point clue

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John Marshall invoked this in McCulloch v. Maryland

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

Those powers authorized by the constitution, while not directly stated.

Sovereignty3 point clue

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Controversy over this in the states led to the Civil War

In Federalism it refers to the power states have that are independent of the national government.

In a global context, it is the quality of having supreme, independent authority over a territory.

10th Amendment3 point clue

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Congress uses the Commerce clause to counter this.

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

States Rights Amendment, says that powers not granted to the national government nor prohibited to the states by the constitution, or given to the states or the people.

Police Power3 point clue

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It is legally considered an inherent power.

States can only use this power, when health and safety is involved.

The capacity of a state to regulate and enforce orders within its territory.

Marble Cake Federalism3 point clue

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

Also known as Cooperative federalism

In this flavor or style 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.

US v Lopez3 point clue

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Supreme court case in 1995 involving federal power.

handguns

This case limited congress’s power under the commerce clause, and stated that the “gun free school zones act” couldn’t be a ‘Federal law’

Initiative3 point clue

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A form of direct democracy

A vote on a statute, ordinance, or constitutional amendment, by the people

Similar to a proposition, or a referendum

Revenue Sharing3 point clue

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This type of fiscal federalism lost supprt 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.

Delegated Powers3 point clue

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John Marshall invoked this in McCulloch v. Maryland

These powers include the power to declare war, coin money, conduct foreign policy, regulate interstate commerce, and establish &enforce laws.

Powers given specifically to the federal government; enumerated powers

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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New kind of federalism, developed after Civil War

System of “no interactions” and an “autonomous relationship” between natl. and state govts.

Opposite marble cake federalism

Gibbons v. Ogden3 point clue

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1824 Supreme Court case under John Marshall

Associated with Article 1, Section 8, Clause 3 of the Constitution

Established Congress had sole authority over interstate commerce.

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 natl. govt. for programs in certain general areas that the states can use @ their discretion.

Fiscal Federalism3 point clue

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Type of federalism characterized by major programs, such as categorical and block grants, revenue sharing, and mandates.

General framework for assignment of functions to the diff. levels of govt. & appropriate fiscal instruments for carrying out these functions.

Constitutes set of guiding principles that helps in designing financial relations between the natl. and subnatl. Levels of govt.

Federalist No. 463 point clue

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James Madison wrote that state and federal govts., “are in fact but different agents and trustees of the people, constituted with diff. powers” in this work

Signed under the name Publius

One of the essays of the Federalist Papers.

Dillon’s Rule3 point clue

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Sometimes called a rule of statutory construction

Result of Judge Dillon’s (Chief Justice of Iowa Supreme Court) strong distrust in local govts.

Used in interpreting state law when there is a question of whether or not a local govt. has a certain power, usually interpreted narrowly

Recall3 point clue

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Procedure in effect in over 20 states

As part of the formal process, signatures are needed for a petition

Process by which voters can remove an elected official from office.

Home Rule Charter3 point clue

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Charter that reverses Dillon’s Rule

System of govt. that can be reformed or even abolished.

Charter that allows a city govt. to do anything that it is not prohibited by the state law or Constitution.