Chapter 3 Study Guide – Federalism

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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

 o Federalism allows unity w/out uniformity

 o Federalism encourages experimentation

What is an example of this in the book? o Federalism provides training grounds

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: o o o o o o

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 :

What types of grants do Republicans usually favor? Why? o What are some examples of these types of grants?

 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 total and partial preemption?

What is an example of a crossover sanction?

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?

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