1. Federalism
Chapter 3

2. FEDERALISM We have a federal government
Federalism describes a system of government under which the national and local governments share powers
Under a federal government, some powers belong exclusively to the national government, some exclusively to the states, and some are shared by the two

3. Federal government Divided into more than one level
Different bodies share power over the same group of people
Examples: United States, Germany, Canada

4. Unitary government
There is only ONE central government which has authority over that nation
There are no levels of government which share power
Examples: Japan, France, and Great Britain

5. Confederation
An association of states with some authority delegated to the national government
The states in such a system retain most of the power, but the federal government is authorized to carry out some functions like diplomatic relations
Example: Former USSR

6. Supremacy Clause Located in Article VI
Makes the Constitution, national laws, and treaties supreme over state laws
In cases of discrepancy, federal laws usually supersede state laws

7. Delegated Powers
Those powers granted to the national government by the Constitution. Sometimes also called “enumerated”

8. Implied Powers
Those delegated powers of the national government that are suggested by the expressed powers set out in the Constitution
Those “necessary and proper” to carry out the expressed powers

9. Tenth Amendment Located in the Bill of Rights
Grants all powers not specifically reserved for the national government to the states
Often cited in arguments in favor of states’ rights

10. McCulloch vs. Maryland
The state of Maryland tried to tax the Baltimore branch of the national bank
The Baltimore branch refused to pay
Supreme Court decided in 1819 that the national government had supremacy over state governments
Also, Chief Justice John Marshall and his colleagues upheld implied powers

11. Elastic Clause Located in Article I, Section 8
Authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers
THINK rubberband

12. Gibbons vs. Ogden
A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity

14. States’ Obligations to Each Other Full Faith and Credit
Each state must recognize the official documents and civil judgments rendered by the courts of other states
Helps coalesce the state laws under a national umbrella

15. States’ Obligations to Each Other Extradition
Alleged criminals are sent from one state back to the state in which the crime supposedly happened

16. States’ Obligations to Each Other Privileges and Immunities
When you visit another state, for the most part you should be treated in the same way as the citizens of that state
For example, you shouldn’t have to pay more sales tax than any other permanent resident of that state

17. Marble Cake Federalism
Layer Cake Federalism
extension of dual federalism
developed after the Civil War (19th and 20th centuries)
national government exercises power independently from state governments
Marble Cake Federalism
extension of cooperative federalism
after New Deal (late 20th century)
Federal government becomes more intrusive in what was typically the domain of state governments

18. Creative Federalism
Increased the marble cake approach of intergovernmental relations
After the Great Society
Components:
Sharing costs between the national and state governments for programs that typically would fall under the purview of state control
Guidelines and rules set down by the federal government in order for states to reap the benefits of federally funded programs
Providing for the dual administration of programs such as Medicaid which has a shared approach financially as well as administratively

19. Competitive Federalism
Nixon (70s), Reagan and Bush (80s)
Reversal of marble cake federalism
State given more responsibility; thus decentralization

20. Fiscal Federalism Slices the marble cake into many different pieces
Includes:
Categorical Grants
Revenue Sharing
Makes it difficult to differentiate the functions of the levels of government

21. Categorical Grants
Federal grants that can be used only for specific purposes, or “categories,” of state and local spending.
They come with strings attached, such as nondiscrimination provisions.
Include:
Project grants
Formula grants

22. Project Grants
Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications.

23. Formula Grants
Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

24. Block Grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.
Fewer strings attached than categorical grants.

25. Revenue Sharing
Gives money directly to the states with no strings attached.
Along with block grants, revenue sharing was greatly reduced under Ronald Reagan and George H.W. Bush.