Chapter 3 Study Guide – Federalism
· How does the example of Hurricane Katrina illustrate some of the issues involved in a federalist system of government?
· What was the devolution revolution?
o Who played a role in the devolution revolution?
· Defining Federalism
o What is the definition of federalism?
o Define each of the following leading ideas about federalism:
§ Dual federalism:
· When was this the favored type of federalism?
§ Cooperative federalism:
§ Marble cake federalism:
§ Competitive federalism:
§ Permissive federalism:
§ “Our federalism”:
o Alternatives to federalism:
§ Define unitary system:
· What are some examples of unitary systems?
§ Define confederation:
· What are some examples of confederacies?
· Why Federalism? (Advantages & Disadvantages of Federalism)
o Briefly explain each of following:
o Federalism checks the growth of tyranny
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o Federalism allows unity w/out uniformity
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o Federalism encourages experimentation
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· What is an example of this in the book?
o Federalism provides training grounds
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· What is an example of this in the book?
o Federalism keeps government closer to the people
· The Constitutional Structure of American Federalism
o Define express powers:
§ Give an example:
o Define implied powers:
§ Give an example:
o Define necessary and proper clause:
§ Give an example:
o Define inherent powers:
§ Give an example:
o Why are these powers important to our federalist system of government?
o Expansion of the central government functions rests on four constitutional pillars, explain each of them below:
§ The natl supremacy article (Article VI of Constitution):
§ The war power:
§ The power to regulate interstate and foreign commerce:
· Define commerce clause (Art. I, Sec. 8, Clause 1):
· How has this clause been used?
· Why was Gibbons v. Ogden (1824) a landmark ruling?
· What happened in United States v. Lopez (1995) and why was it a significant decision?
· What happened in Gonzales v. Raich (2005) and why was it a significant decision?
§ The power to tax and spend:
· What is an example of Congress using this power?
· Define federal mandate:
· Define concurrent powers:
· List the various things that states are prohibited from doing:
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· Interstate Relations
o ##NOT IN BOOK## reserved powers = those powers reserved only for the states
§ those powers not specifically granted to the national government nor denied to the states
o Define full faith and credit clause (Art. IV, Sect. 1):
§ What is an example of this?
o Define extradition:
o Define interstate compact:
§ What is an example of this?
· The Role of the Federal Courts: Umpires of Federalism
o What happened in McCulloch v. Maryland (1819)? Why is this considered a landmark case? (Be sure to discuss the doctrine of implied national powers and the doctrine of national supremacy.)
o Define preemption:
§ What is an example of this?
o Centralists vs. Decentralists
§ Define centralists:
· Ex.) Chief Justice John Marshall; Presidents Lincoln; Theodore Roosevelt; FDR; throughout most of our history, the Supreme Court
· What do centralists believe about the Constitution?
§ Define decentralists:
· They support states’ rights – powers expressly or implicitly reserved to the states
· Ex.) Antifederalists, Thomas Jefferson, S.C. Senator John Calhoun, Supreme Court from 1920s to 1937, Ronald Reagan, George H.W. Bush, former Chief Justice William H. Rehnquist, Justices Antonin Scalia and Clarence Thomas
· What do decentralists believe about the Constitution?
§ How has the Supreme Court been interpreting cases involving issues of federalism in recent years?
· What happened in United States v. Morrison (2000)? Why is this a significant case?
· Regulatory Federalism: Grants, Mandates, and New Techniques of Control
o Why are federal grants so important to Congress?
§ What four purposes do they serve?
· 1.
· 2.
· 3.
· 4.
§ Describe each of the three types of grants below:
· Categorical-Formula Grants:
o What are some examples of these types of grants?
· Project Grants:
o What are some examples of these types of grants?
· Block grants:
o What are some examples of these types of grants?
§ What types of grants do Republicans usually favor? Why?
§ What types of grants do Democrats usually favor? Why?
§ #NOT IN THIS CHAPTER# unfunded mandates (pg. 551) – programs that the federal government requires states to implement without federal funding
· Ex.) No Child Left Behind, Americans with Disabilities Act
o New Techniques of Federal Control
§ What are direct orders?
· What is an example of a direct order?
§ What are cross-cutting requirements?
· What is an example of a cross-cutting requirement?
§ What are crossover sanctions?
· What is an example of a crossover sanction?
§ What is total and partial preemption?
· What is an example of this?
· The Politics of Federalism
o Why has more power been consolidated in the national government over the past two centuries?
o What happens to federal programs once they are created? Why are they difficult to get rid of?
o What is the difference between the “rhetoric” and the “reality” in terms of the devolution revolution?