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Questions and Answers
How are the powers to control education divided between the federal and state governments?
How are the powers to control education divided between the federal and state governments?
The federal government has no constitutional authority to regulate school policy, which is typically left to the states. However, the federal government has used its spending power to offer grant-in-aid programs to improve education, such as the No Child Left Behind Act.
How have environmental reforms with climate change been implemented at the state level?
How have environmental reforms with climate change been implemented at the state level?
States like California, Massachusetts, Minnesota, and New Jersey have enacted their policies, like the Global Warming Solutions Act, to address climate change, often in response to federal inaction.
What was the discussion of federalism at the constitutional convention?
What was the discussion of federalism at the constitutional convention?
The discussion centered on the need to create a new constitution rather than amending the Articles of Confederation due to past failures and the economic instability caused by the Articles.
What should states do if they disagree with another state's policies?
What should states do if they disagree with another state's policies?
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31 states currently have the death penalty.
31 states currently have the death penalty.
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What is Medicaid and how is it regulated at the state level?
What is Medicaid and how is it regulated at the state level?
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How did the Voting Rights Act affect federalism issues like literacy tests and poll taxes?
How did the Voting Rights Act affect federalism issues like literacy tests and poll taxes?
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What is the Cole Memo?
What is the Cole Memo?
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What are the minimum wage laws regarding states?
What are the minimum wage laws regarding states?
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19 states plus Washington D.C. have banned the death penalty.
19 states plus Washington D.C. have banned the death penalty.
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What are the three different schools of thought for county power?
What are the three different schools of thought for county power?
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Which of the following services are typically provided by counties with a moderate scope? (Select all that apply)
Which of the following services are typically provided by counties with a moderate scope? (Select all that apply)
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The ______ amendment was fully incorporated to the states through the Supreme Court.
The ______ amendment was fully incorporated to the states through the Supreme Court.
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What method did the Supreme Court later use to incorporate the Bill of Rights to the states?
What method did the Supreme Court later use to incorporate the Bill of Rights to the states?
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What was the outcome regarding provisions 1, 2, and 4 in Arizona v. United States?
What was the outcome regarding provisions 1, 2, and 4 in Arizona v. United States?
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What provisions were upheld in Arizona v. United States?
What provisions were upheld in Arizona v. United States?
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Belgium originally had a federalist system before World War II.
Belgium originally had a federalist system before World War II.
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What unique feature does Oregon have in its system of government?
What unique feature does Oregon have in its system of government?
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What is the approximate percentage of countries that have a federalist system?
What is the approximate percentage of countries that have a federalist system?
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What type of powers can Congress use to encourage states to comply with federal laws?
What type of powers can Congress use to encourage states to comply with federal laws?
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What was the first federalist system established?
What was the first federalist system established?
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What is the main argument against having state legislators overrule local ordinances?
What is the main argument against having state legislators overrule local ordinances?
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In Oregon, local measures can be overridden by the state government.
In Oregon, local measures can be overridden by the state government.
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What is the emerging trend in federalism regarding state policies on marijuana?
What is the emerging trend in federalism regarding state policies on marijuana?
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What is marble cake and layer cake federalism?
What is marble cake and layer cake federalism?
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Which system is more like the U.S.'s system of federalism?
Which system is more like the U.S.'s system of federalism?
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What is the Brandeis quote about the separation of powers?
What is the Brandeis quote about the separation of powers?
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What are some other countries with either marble cake or layer cake federalism?
What are some other countries with either marble cake or layer cake federalism?
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Should drugs like marijuana be regulated at the state or federal level?
Should drugs like marijuana be regulated at the state or federal level?
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Is federalism a natural rights or classical republicanism issue?
Is federalism a natural rights or classical republicanism issue?
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Should the 2nd amendment, or the right to bear arms, be regulated at the state or national level?
Should the 2nd amendment, or the right to bear arms, be regulated at the state or national level?
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What case formed the constitutional basis for the restriction of state power?
What case formed the constitutional basis for the restriction of state power?
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What are the eras of the commerce clause and their time periods?
What are the eras of the commerce clause and their time periods?
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What was the Lochner era for the commerce clause?
What was the Lochner era for the commerce clause?
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What ended the Lochner era?
What ended the Lochner era?
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What was the judicial minimalism era like?
What was the judicial minimalism era like?
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What was the Rehnquist era of the commerce clause like?
What was the Rehnquist era of the commerce clause like?
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What does the commerce clause look like today?
What does the commerce clause look like today?
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How did Hamilton address the problem of the concurrent power of taxation in Federalist 32?
How did Hamilton address the problem of the concurrent power of taxation in Federalist 32?
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What is one way states can act together/communicate?
What is one way states can act together/communicate?
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What impact did the New Deal have on federalism?
What impact did the New Deal have on federalism?
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How has the laboratory of democracy played out with Obamacare?
How has the laboratory of democracy played out with Obamacare?
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Oregon and Colorado legalized marijuana despite the federal Controlled Substances Act. How is this allowed?
Oregon and Colorado legalized marijuana despite the federal Controlled Substances Act. How is this allowed?
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How has the role of the federal government expanded since the New Deal?
How has the role of the federal government expanded since the New Deal?
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What's a modern example of the government expanding its federal power?
What's a modern example of the government expanding its federal power?
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Which kind of federalism is more prominent in the U.S., marble or layer?
Which kind of federalism is more prominent in the U.S., marble or layer?
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What was the nullification crisis?
What was the nullification crisis?
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How has judicial review been used?
How has judicial review been used?
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What issues will federalism involve in the future?
What issues will federalism involve in the future?
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Is federalism a conservative or liberal idea?
Is federalism a conservative or liberal idea?
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What are some countries that practice federalism?
What are some countries that practice federalism?
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What state constitutions did the framers look to when drafting the Constitution?
What state constitutions did the framers look to when drafting the Constitution?
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What is departmentalism?
What is departmentalism?
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What are the greatest successes and failures of federalism in contemporary times?
What are the greatest successes and failures of federalism in contemporary times?
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How did federalism change after the Civil War?
How did federalism change after the Civil War?
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Was the 10th amendment necessary?
Was the 10th amendment necessary?
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What is the correlation between the Great Society and federalism?
What is the correlation between the Great Society and federalism?
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What are reserved powers of the states?
What are reserved powers of the states?
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What are concurrent powers between states and national government?
What are concurrent powers between states and national government?
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What important New Deal legislation impacted federalism?
What important New Deal legislation impacted federalism?
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How do federal funds affect federalism?
How do federal funds affect federalism?
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How does the federal government get states to comply with their policies?
How does the federal government get states to comply with their policies?
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What is the switch in time that saved nine?
What is the switch in time that saved nine?
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What portion of the New Deal was struck down by the courts?
What portion of the New Deal was struck down by the courts?
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How did the New Deal affect federalism?
How did the New Deal affect federalism?
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What kind of governmental system would you choose?
What kind of governmental system would you choose?
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What are some examples of the laboratories of democracy?
What are some examples of the laboratories of democracy?
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How do states divide power to local governments?
How do states divide power to local governments?
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Study Notes
Federalism Concepts
- Marble Cake Federalism: All government levels interact in various issues without fixed divisions.
- Layer Cake Federalism: Clear divisions exist between state and federal government responsibilities.
- U.S. federalism resembles marble cake due to shared powers, like taxation and public welfare, indicating overlap in authority.
Important Quotes
- Brandeis emphasized that separating powers was aimed at preventing arbitrary government action, not just improving efficiency.
International Federalism Examples
- Germany: Marble cake model with intertwined federal and regional responsibilities.
- Spain: Layer cake model with 17 autonomous regions having distinct powers and no overlap.
Drug Regulation Debate
- Federal regulation allows uniformity in drug laws across states, preventing confusion from diverse state regulations.
- State-level regulation supports local values and experimentation with different regulatory practices.
Federalism Ideological Aspects
- Natural Rights: Protects individual governmental rights and freedoms.
- Classical Republicanism: Focused on the common good and federal regulation of laws.
Gun Regulation Discussion
- Gun control may be better regulated at the state level to accommodate local beliefs.
- However, federal oversight is essential to maintain consistency in background checks and regulations.
Constitutional Landmark Cases
- McCulloch v. Maryland (1819): Affirmed Congress's unenumerated powers and disallowed state taxation of federal entities.
Commerce Clause Eras
- Early Years (1789-1895): Established Congress's power to regulate interstate commerce, expanding federal authority.
- Lochner Era (1895-1937): Focused on free market interpretations, limiting federal commerce power.
- Judicial Minimalism (1937-1995): The commerce clause was interpreted broadly, allowing extensive federal power.
- Rehnquist Court (1995-2005): Restricted federal regulation, affirming state sovereignty in certain contexts.
Expansion of Federal Power
- New Deal Impact: Expanded federal government roles in areas traditionally managed by states, such as social security and labor laws.
- Modern Examples: Affordable Care Act and immigration policies demonstrate current federal authority.
Nullification Crisis
- South Carolina attempted to nullify federal tariff laws, highlighting tensions between state and federal powers, which President Jackson ultimately enforced.
Judicial Review Usage
- Cases like Citizens United and Obergefell v. Hodges illustrate the judiciary's role in shaping law and upholding civil rights.
Future Federalism Issues
- Debates over immigration law, LGBTQ rights, drug decriminalization, and gun regulations will continue to shape the balance of state and federal power.
Federalism's Political Spectrum
- Conservative View: Advocates for local governance and state rights, often opposing national mandates on contentious issues.
- Liberal View: Progressive changes often start at state levels, promoting larger federal involvement in social issues.
Other Federalist Nations
- Many countries operate under federalist principles, sharing governance between national and regional authorities.### Canada and Syria
- Ontario is experimenting with a "basic income" program, providing unconditional free money to residents.
- Syria is discussing the potential implementation of federalism in territories controlled by militant leaders, despite not currently practicing federalism.
Constitution Framers and State Constitutions
- Single executive model adopted from the Massachusetts Constitution, rejecting New Jersey's plural executive plan.
- Bicameral legislature followed examples from 11 state constitutions, moving away from Pennsylvania and Georgia's unicameral approach.
- Virginia's constitution influenced the separation of powers concept, ensuring no branch could assume functions of another.
- Judicial branch was not modeled after state constitutions, maintaining stronger powers to declare laws unconstitutional.
- Early state bills of rights, particularly from Maryland and Massachusetts, were foundational, but not specifically labeled as "bills of rights."
Departmentalism
- Defines the autonomy of each government branch in interpreting laws without being bound by each other's decisions.
- Courts differ from Congress and the President; conflicts over legal interpretations are primarily settled by the populace.
- Departmentalism lost prevalence after the Civil War, reviving intermittently thereafter.
Federalism's Contemporary Successes and Failures
- Healthcare advocacy varies by state; the Affordable Care Act faced challenges in states like Montana and Oregon.
- Federalist structures were successful in safeguarding same-sex marriage rights.
- States have ignored federal laws, such as the Controlled Substances Act, related to marijuana legalization.
Federalism Post-Civil War
- Supreme Court asserted states cannot secede, solidifying national authority over states.
- Civil War amendments (13th, 14th, 15th) empowered Congress to enforce limitations on state power, enhancing federal oversight.
Necessity of the 10th Amendment
- Clarified that states and the people retain rights not specified in the Constitution.
- Aimed to prevent an overpowering national government, ensuring a balance of power.
Great Society and Federalism
- The Great Society expanded federal influence into traditional state roles through Creative Federalism.
- Key legislation included:
- Elementary and Secondary Education Act (1965)
- Civil Rights Act (1964) and Voting Rights Act (1965)
- Social Security Act (1965) creating Medicare and Medicaid.
Reserved Powers of States
- States possess powers over police, education, land use, elections, and health regulations.
- Laws governing property, inheritance, commercial activities, banking, corporate matters, insurance, family law, and criminal justice.
Concurrent Powers Between States and National Government
- Both levels share powers like taxation, road construction, land acquisition for public use, borrowing money, maintaining law and order, and establishing courts.
Impact of New Deal Legislation on Federalism
- Significant New Deal programs like the Social Security Act and the National Industrial Recovery Act expanded federal government roles, reshaping state authority.
- Federal influence grew through various grant programs, affecting state policies and interactions with citizens.
Federal Funds and Compliance with Federal Policies
- Federal incentives through matching funds encourage states to implement national programs.
- Threats to withhold federal funding or federalize regulations compel states to comply with federal policies, as seen in New York v. United States.
The Switch in Time that Saved Nine
- Supreme Court initially rejected many New Deal policies, triggering FDR's court-packing proposal.
- Key case: West Coast Hotel v. Parrish, where Justice Roberts shifted his stance, allowing New Deal legislation to pass.
New Deal's Federalism Impact
- Shifted U.S. federalism from dual to cooperative, expanding federal authority significantly during and after the Great Depression.
Choosing a Governmental System
- A federalist system is seen as effective for balancing national governance with local autonomy, promoting democracy and citizen engagement.
Laboratories of Democracy Examples
- Innovative policies include Florida's A-F school system and successful vote-by-mail initiatives in Oregon.
- Voter ID laws and gun laws reflect varying state approaches, with mixed success and ongoing debate.
State Power Division to Local Governments
- Most states utilize counties and cities as governance layers, with varying authority and responsibilities based on regional needs.
- Counties serve different scopes, from minimal judicial functions to broad administrative responsibilities in populous regions.
Incorporating the Bill of Rights to States
- Initially, the 14th amendment didn't apply the Bill of Rights through the privileges and immunities clause.
- Selective incorporation through the due process clause began with Gitlow v. New York in 1925, gradually applying amendments to state law.
Supreme Court Issues Affecting Federalism
- Significant cases this term:
- Whole Woman's Health v. Hellerstedt regarding abortion access restrictions in Texas.
- Texas v. U.S. involving DACA and executive immigration policies impacting state-federal relations.### Federalism and Legal Challenges
- Texas, along with several southern states, filed a lawsuit claiming violations of the Administrative Procedure Act and the Take Care Clause.
- Arizona v. United States resulted in provisions of SB 1070 being struck down or upheld; provisions 1, 2, and 4 were struck down, while provision 3 was upheld.
- Provision 1 conflicted with federal alien registration; provision 2 interfered with federal laws about immigrants; provision 4 usurped federal discretion in the removal process; provision 3 allowed state officials to communicate with federal authorities during lawful arrests.
Federalism in Belgium
- After World War II, Belgium transitioned from a unitary system to a federalist system.
- The constitution allocates certain powers permanently to constituent governments, with neither level being subordinate.
- The cultural divide between French-speaking and Flemish-speaking populations is recognized in Article 2 of the constitution.
- The country is divided into three lower governments to promote cultural autonomy, but classism complicates solidarity and cooperation.
- Traditional federal powers, such as environment and agriculture, have shifted to state governments due to cultural divides.
State Government Structures
- Oregon operates as a unitary system where the state government holds authority granted by its citizens, allowing it to delegate powers to municipalities.
- Oregon's Bill of Rights includes unique positive rights, an initiative and referendum system, broad speech protections, and restrictions on state funds benefiting religion.
Historical Perspectives on Federalism
- Modern federalism focuses on rights, demonstrated in cases like Obergefell v. Hodges for gay marriage, compared to 19th-century debates centered on state vs. federal powers.
- Anti-federalists emphasized states' rights, while Federalists argued for a stronger national government with differing views from leaders like James Madison and Alexander Hamilton.
Current and Future Issues in Federalism
- Public opinion on marijuana varies significantly between states; California shows support for legalization while Texas largely opposes it.
- Federalism may evolve due to increasing partisanship, leading to more state empowerment exemplified by varying marijuana laws across states.
- Environmental reforms such as California's Global Warming Solutions Act signal state-level initiatives in response to climate change, often when federal government inaction occurs.
- The structure of education control has significant state influence, though federal funding and laws like No Child Left Behind create conditions for state compliance with federal standards.
State and Local Government Power Dynamics
- State legislatures can overrule local ordinances, as seen in Governor Scott Walker's preemption of Milwaukee’s sick leave measures.
- The discussion at the Constitutional Convention shifted from amending the Articles of Confederation to creating a new Constitution to resolve economic instability and power struggles.
State-Level Regulations and Policies
- Medicaid serves low-income individuals, with 32 states expanding the program, impacting millions without healthcare in non-expanding states.
- The Voting Rights Act (VRA) abolished literacy tests, poll taxes, and grandfather clauses, sparking debates about state authority over voting regulations.
- The Cole Memo indicated federal discretion on marijuana enforcement, allowing states to experiment with legalization while maintaining overall federal supremacy.
- The death penalty remains a contentious issue, with 31 states maintaining it and 19 states, along with D.C., opting to ban it.
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Test your knowledge on marble cake and layer cake federalism. This quiz explores the distinctions between these two systems and examines which one more accurately represents the U.S. system of federalism. Dive into the intricacies of governmental structures in this engaging flashcard quiz.