Federalism Comparison Quiz

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Questions and Answers

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?

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?

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?

States should organize peaceful protests and send representatives to advocate for change instead of completely banning travel to each other. Signup and view all the answers

31 states currently have the death penalty.

True Signup and view all the answers

What is Medicaid and how is it regulated at the state level?

Medicaid is a government insurance program for individuals with insufficient income for healthcare. 32 states are expanding Medicaid while 19 are not. Signup and view all the answers

How did the Voting Rights Act affect federalism issues like literacy tests and poll taxes?

Section 201 of the Voting Rights Act prohibits literacy tests, poll taxes, and grandfather clauses, which many southern representatives believed undermined state debates. Signup and view all the answers

What is the Cole Memo?

The Cole Memo was issued in 2009 stating that the federal government would not enforce the Controlled Substances Act against state marijuana laws, allowing states to experiment with their regulations. Signup and view all the answers

What are the minimum wage laws regarding states?

States must have a minimum wage of at least $7.50 but can set higher wages. They can only pay less if the total including tips reaches $7.50. Signup and view all the answers

19 states plus Washington D.C. have banned the death penalty.

True Signup and view all the answers

What are the three different schools of thought for county power?

Minimal scope, Moderate scope, Broad scope. Signup and view all the answers

Which of the following services are typically provided by counties with a moderate scope? (Select all that apply)

Roads Signup and view all the answers

The ______ amendment was fully incorporated to the states through the Supreme Court.

1st Signup and view all the answers

What method did the Supreme Court later use to incorporate the Bill of Rights to the states?

Selective incorporation. Signup and view all the answers

What was the outcome regarding provisions 1, 2, and 4 in Arizona v. United States?

Provisions 1, 2, and 4 were struck down. Signup and view all the answers

What provisions were upheld in Arizona v. United States?

Provision 3. Signup and view all the answers

Belgium originally had a federalist system before World War II.

False Signup and view all the answers

What unique feature does Oregon have in its system of government?

Initiative and referendum system. Signup and view all the answers

What is the approximate percentage of countries that have a federalist system?

13%. Signup and view all the answers

What type of powers can Congress use to encourage states to comply with federal laws?

Spending power Signup and view all the answers

What was the first federalist system established?

The United States. Signup and view all the answers

What is the main argument against having state legislators overrule local ordinances?

It can create a 'patchwork' of inconsistent policies. Signup and view all the answers

In Oregon, local measures can be overridden by the state government.

True Signup and view all the answers

What is the emerging trend in federalism regarding state policies on marijuana?

Increasingly innovative state laws despite federal conflicts. Signup and view all the answers

What is marble cake and layer cake federalism?

Marble cake federalism is the idea that all levels of government are involved in a variety of issues and programs. Layer cake federalism, or dual federalism, refers to fixed divisions between layers of government. Signup and view all the answers

Which system is more like the U.S.'s system of federalism?

Marble cake federalism. Signup and view all the answers

What is the Brandeis quote about the separation of powers?

"The doctrine of the separation of powers was adopted by the convention of 1787 not to promote efficiency, but to preclude the exercise of arbitrary power." Signup and view all the answers

What are some other countries with either marble cake or layer cake federalism?

Germany has marble cake federalism, while Spain has layer cake federalism. Signup and view all the answers

Should drugs like marijuana be regulated at the state or federal level?

Drugs should be regulated at the federal level. Signup and view all the answers

Is federalism a natural rights or classical republicanism issue?

Natural rights. Signup and view all the answers

Should the 2nd amendment, or the right to bear arms, be regulated at the state or national level?

It should be regulated at the state level. Signup and view all the answers

What case formed the constitutional basis for the restriction of state power?

McCulloch v. Maryland (1819). Signup and view all the answers

What are the eras of the commerce clause and their time periods?

The Early Years (1789-1895), The Lochner Era (1895-1937), Judicial Minimalism (1937-1995), The Rehnquist Court (1995-2005). Signup and view all the answers

What was the Lochner era for the commerce clause?

The Lochner Era (1895-1937) interpreted the commerce clause to require a free market. Signup and view all the answers

What ended the Lochner era?

NLRB v. Jones & Laughlin Steel Corp. (1937). Signup and view all the answers

What was the judicial minimalism era like?

Judicial Minimalism (1937-1995) allowed Congress to define the commerce clause. Signup and view all the answers

What was the Rehnquist era of the commerce clause like?

The Rehnquist Court (1995-2005) limited Congressional power regarding interstate commerce. Signup and view all the answers

What does the commerce clause look like today?

Today, the commerce clause continues to expand Congressional powers. Signup and view all the answers

How did Hamilton address the problem of the concurrent power of taxation in Federalist 32?

He acknowledged that states and the federal government share taxation powers but argued that prudence would prevent conflicts. Signup and view all the answers

What is one way states can act together/communicate?

Through the National Governors Association (NGA). Signup and view all the answers

What impact did the New Deal have on federalism?

It significantly increased the federal government's role in areas traditionally managed by states. Signup and view all the answers

How has the laboratory of democracy played out with Obamacare?

Massachusetts first adopted a health care reform act that served as a model for the ACA. Signup and view all the answers

Oregon and Colorado legalized marijuana despite the federal Controlled Substances Act. How is this allowed?

The DOJ prioritized certain areas for federal prosecution, effectively allowing states to legalize marijuana. Signup and view all the answers

How has the role of the federal government expanded since the New Deal?

Through initiatives like the FDIC and Social Security, which expanded federal involvement in traditionally state roles. Signup and view all the answers

What's a modern example of the government expanding its federal power?

The Affordable Care Act. Signup and view all the answers

Which kind of federalism is more prominent in the U.S., marble or layer?

Marble federalism. Signup and view all the answers

What was the nullification crisis?

It was a conflict when South Carolina declared the Tariffs of Abominations unconstitutional and threatened to secede. Signup and view all the answers

How has judicial review been used?

Citizen United case, Gun control -- DC v. Heller, Obergefell v. Hodges (overturned state laws banning same sex marriage), Bowers v. Hardwick (criminalization of homosexuality, overturned by Lawrence v. Texas). Signup and view all the answers

What issues will federalism involve in the future?

Debate over immigration power (Arizona v. United States), LGBTQ rights related to bathroom laws, decriminalizing drugs, death with dignity laws, and gun law controversies. Signup and view all the answers

Is federalism a conservative or liberal idea?

Both Signup and view all the answers

What are some countries that practice federalism?

Canada and discussions in Syria about implementing federalism. Signup and view all the answers

What state constitutions did the framers look to when drafting the Constitution?

Massachusetts for single executive, Virginia for separation of powers, and bicameralism from most other states. Signup and view all the answers

What is departmentalism?

The view that each department of government interprets the law based on its own views. Signup and view all the answers

What are the greatest successes and failures of federalism in contemporary times?

Success: Protection of individual rights (e.g., same-sex marriage), Failure: Issues with the Affordable Care Act and legalizing marijuana. Signup and view all the answers

How did federalism change after the Civil War?

States cannot secede and the federal government gained more power over states. Signup and view all the answers

Was the 10th amendment necessary?

True Signup and view all the answers

What is the correlation between the Great Society and federalism?

The Great Society increased federal government power in state roles, known as Creative Federalism. Signup and view all the answers

What are reserved powers of the states?

Police powers, morality, education, land use, elections, local government, health regulations, and licensing. Signup and view all the answers

What are concurrent powers between states and national government?

Taxation, construction and maintenance of roads, borrowing money, and maintaining law and order. Signup and view all the answers

What important New Deal legislation impacted federalism?

Social Security Act, National Industrial Recovery Act, National Labor Relations Act, Works Progress Administration. Signup and view all the answers

How do federal funds affect federalism?

Federal funds incentivize local implementation of programs by providing matching funds. Signup and view all the answers

How does the federal government get states to comply with their policies?

By threatening to take away federal funds or preempt state law. Signup and view all the answers

What is the switch in time that saved nine?

The Supreme Court's shift to uphold New Deal legislation, specifically following the National Industrial Recovery Act. Signup and view all the answers

What portion of the New Deal was struck down by the courts?

National Industrial Recovery Act, Agricultural Adjustment Act, various other New Deal initiatives. Signup and view all the answers

How did the New Deal affect federalism?

It shifted the system from dual federalism to cooperative federalism, expanding federal government power. Signup and view all the answers

What kind of governmental system would you choose?

Federalist system. Signup and view all the answers

What are some examples of the laboratories of democracy?

Vote by mail, initiative and referendum systems, Florida's A-F school rating system. Signup and view all the answers

How do states divide power to local governments?

States have two lower levels of government, normally counties and municipalities. Signup and view all the answers

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.