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Types of Federalism and Landmark Cases
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Types of Federalism and Landmark Cases

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What is Dual Federalism?

  • A system with no federal oversight.
  • A system that promotes states' rights.
  • A system where national and state governments are seen as separate entities. (correct)
  • A system where national and state governments work together.

    • What is an example of what dual federalism looks like?

    Congress's commerce clause powers.

    What is another name for dual federalism?

  • Marble cake
  • Pudding
  • Cake batter
  • Layer cake (correct)

    • What was the significance of Chrisholm v. Georgia?

    <p>It allowed citizens of one state to sue citizens of another state.</p> Signup and view all the answers

    What did McCulloch v. Maryland uphold?

    <p>The national government's right to create a bank.</p> Signup and view all the answers

    What was the ruling of Dred Scott v. Sandford?

    <p>Slaves were considered property.</p> Signup and view all the answers

    What did the National Labor Relations Board v. Jones & Laughlin Steel Corporation rule?

    <p>The National Labor Relations Act was consistent with Congress's commerce clause powers.</p> Signup and view all the answers

    What is Cooperative Federalism often described as?

    <p>Marble cake</p> Signup and view all the answers

    Name an example of Cooperative Federalism.

    <p>Civilian Conservation Corps (CCC).</p> Signup and view all the answers

    What characterized the Era of Cooperative Federalism?

    <p>FDR's 'New Deal' Era and Teddy Roosevelt's Progressive Era.</p> Signup and view all the answers

    What is New Federalism?

    <p>A shift of power from the federal government to the states.</p> Signup and view all the answers

    When did New Federalism begin and through which presidencies?

    <p>1969 during Richard Nixon's presidency, continued through Reagan and Clinton's presidencies.</p> Signup and view all the answers

    What is Coercive Federalism?

    <p>The federal government pressures states to change policies.</p> Signup and view all the answers

    When did Coercive Federalism occur?

    <p>During George W. Bush's presidency.</p> Signup and view all the answers

    Give an example of Coercive Federalism.

    <p>No Child Left Behind.</p> Signup and view all the answers

    What does 'Picket fence federalism' refer to?

    <p>Policy makers within a certain policy area working together across levels of government.</p> Signup and view all the answers

    What is Fiscal Federalism?

    <p>A system of transfer payments from the national government to lower levels of government.</p> Signup and view all the answers

    What are the three types of grants?

    <p>Categorical, block, and general revenue sharing.</p> Signup and view all the answers

    What are Categorical grants?

    <p>Federal aid to states/local governments for a specific purpose.</p> Signup and view all the answers

    Give an example of Categorical grants.

    <p>Mass transit program within the transportation budget.</p> Signup and view all the answers

    What are Block grants?

    <p>Federal aid given to be spent within a certain policy area.</p> Signup and view all the answers

    What was general revenue sharing (GRS)?

    <p>Federal government gave money to be spent at each state's discretion.</p> Signup and view all the answers

    Why did conservatives and liberals oppose GRS?

    <p>Conservatives wanted smaller national government intervention and liberals favored more targeted spending.</p> Signup and view all the answers

    What are Unfunded mandates?

    <p>Federal laws that require states to take certain actions without providing funds.</p> Signup and view all the answers

    What reinforced the role of the national government?

    <ol> <li>Turning to national government in times of war &amp; crisis; 2. The civil rights movement; 3. The rise of coercive federalism.</li> </ol> Signup and view all the answers

    What are Federal preemptions?

    <p>The imposing of national priorities on states through national legislation.</p> Signup and view all the answers

    What is federal preemption based upon?

    <p>The Supremacy Clause.</p> Signup and view all the answers

    What is Competitive Federalism?

    <p>States compete to attract businesses and jobs through their policies.</p> Signup and view all the answers

    How is Competitive Federalism a check on tyranny?

    <p>Citizens can move to a different state if they don’t like a state’s policies.</p> Signup and view all the answers

    Why can competition between states be seen as a bad thing?

    <p>States often eliminate environmental regulations or employee benefits to keep expenses low.</p> Signup and view all the answers

    What are Project Grants?

    <p>Local/state governments seek funding for specific projects.</p> Signup and view all the answers

    Study Notes

    Types of Federalism

    • Dual Federalism (1789 - 1933): Characterized by a clear separation between national and state governments, limiting federal powers to those explicitly enumerated in the Constitution.
    • Layer Cake Metaphor: Dual federalism is often likened to a layer cake to illustrate its distinct separation of powers.
    • Commerce Clause Power: Congressional authority to regulate interstate commerce exemplifies dual federalism in practice.

    Landmark Supreme Court Cases

    • Chisholm v. Georgia (1793): Established that citizens could sue other states, leading to the Eleventh Amendment, which prohibits such lawsuits.
    • McCulloch v. Maryland (1819): Confirmed Congress's authority to create a national bank and reinforced the principle of national supremacy over state laws.
    • Dred Scott v. Sandford (1857): Declared that slaves were property and invalidated the Missouri Compromise, exacerbating tensions that sparked the Civil War.
    • National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937): Affirmed the National Labor Relations Act's alignment with the commerce clause, broadening federal regulatory powers.

    Evolution of Federalism

    • Cooperative Federalism (1933 - 1964): Described by the "marble cake" metaphor, emphasizing collaboration between national and state governments to deliver services.
    • Civilian Conservation Corps (CCC): Example of cooperative federalism, showing how federal programs were implemented at the state level during FDR's New Deal.
    • New Federalism (1969 - 2001): Aims to transfer power from federal to state governments through block grants, initiated during Nixon's presidency and continued under Reagan and Clinton.
    • Welfare Programs: Illustrate the principles of New Federalism with a focus on state-level decision-making flexibility.

    Coercive Federalism

    • Definition: Federal government exerts pressure on states to modify policies through regulations and funding threats.
    • No Child Left Behind: Notable example of coercive federalism, illustrating federal mandates imposed on states.

    Contemporary Federalism

    • Picket Fence Federalism: Highlights the collaboration among policymakers across different government levels within specific policy areas.
    • Balanced Federalism Era: Characterizes the current federalism landscape, combining elements of cooperative federalism, national supremacy, dual federalism, and states' rights.
    • Fiscal Federalism: Pertains to financial transfers from the national government to lower levels, influencing state policies.

    Grants and Funding

    • Three Types of Grants: Includes categorical, block, and general revenue sharing grants which vary in purpose and allocation authority.
      • Categorical Grants: Designated for specific purposes, such as a mass transit program.
      • Block Grants: Allocate funds to states with discretion on spending within certain policy areas.
      • General Revenue Sharing (1970-1980): Provided states with funds to be spent at their discretion, previously a point of contention among conservatives and liberals.

    Additional Concepts

    • Unfunded Mandates: Federal requirements for states to act without financial support from the federal government.
    • Federal Preemptions: National legislation that overrides state law, based on the Supremacy Clause.
    • Competitive Federalism: States compete for businesses by developing favorable policies, which can sometimes lead to negative consequences like weakened environmental regulations.
    • Project Grants: Funding avenues for local and state governments seeking support for specific initiatives.

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    Description

    Explore the concepts of dual federalism and its distinct characteristics, including significant Supreme Court cases that have shaped U.S. federalism. Understand key landmark decisions that illustrate the dynamics between state and federal powers.

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