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Understanding Federalism and Power Division

This document provides an overview of key concepts in federalism: 1) It describes how federalism divides power between the national and state governments, with the national government having enumerated powers and states having reserved powers. 2) It outlines the system of checks and balances between the levels of government, including the Supremacy Clause establishing federal law supremacy. 3) It discusses differing views on the appropriate division of powers between federal and state governments.

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0% found this document useful (0 votes)
37 views8 pages

Understanding Federalism and Power Division

This document provides an overview of key concepts in federalism: 1) It describes how federalism divides power between the national and state governments, with the national government having enumerated powers and states having reserved powers. 2) It outlines the system of checks and balances between the levels of government, including the Supremacy Clause establishing federal law supremacy. 3) It discusses differing views on the appropriate division of powers between federal and state governments.

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© All Rights Reserved
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Foundations of

Government
Chapter 4: Federalism
I.

Dividing and Sharing Power


A.

B.

Why Federalism
1. It was a new ________________ of governing the people
2. __________________-two or more governments exercise
power over the same people and the same territory
3. In this system the federal government has some
___________ powers over all citizens
4. The states have certain powers ______________ for them
5. They are supposed to _________ some powers
6. It can end with some ______________________ on the right
formula for dividing and sharing power

Federalism in the Constitution

1. National Powers
a. The Constitution grants both ________________ and
implied powers to the national government
b. ________________ powers (enumerated powers) are
those powers directly expressed or stated in the
Constitution
c. _______________ powers are those powers that are
not stated specifically in the Constitution
2. Concurrent Powers
a. Shared powers between the
_____________government and state government
b. Each level of government _______________
independently
c. State actions must not ____________ with any
national laws
3. The Supremacy Clause
a. Article _____ makes the acts and treaties of the
United States supreme

b. No _________ law or state constitution may conflict


with any form of _______________law
c. Local _____________________ cannot come into
conflict with their own state ___________________ as
well as the federal government

II. Relations between the National and State


governments
A.

Guarantees to and Obligations of the states


1. Republican Form of Government and Protection
a. The national government must guarantee each
state a ____________________ form of government
b. Voters must hold ___________________ power
c. The national government must ___________ states
from invasion and unrest within the United States,
or attacks by ______________ power
d. Congress has given the __________________authority
to send federal troops to a state where there is civil
unrest and the __________________ or state
legislature has requested help
e. The president can send troops in to a state that
___________ federal laws
f. The national government can also
___________________ in the aftermath of a natural
disaster
2. Territorial Integrity and Admission of New States
a. Article _____, Section _____ says that the national
government has the duty to respect the territorial
____________of each state
b. The Constitution also gives Congress to pass laws
that allow new __________ to join the nation
c. Like all other laws, the _________________ of new
states is subject to presidential veto
d. Before a __________________ can become a state,
Congress must pass an enabling act, so the
________________ can develop a constitution
e. Once the constitution is approved by
_______________ vote in the territory, Congress then
votes on whether or not to accept the proposal

3. Obligations of the States


a. Two functions states perform for the national
government:
i. ________ and _________ governments
conduct and pay for elections of all national
government officials
ii. States play a key role in the process of
______________ the Constitution

B.

Federal Aid and Mandates


1.

2.

Federal Aid
a. The ______________ government has always
provided different types of aid to the states
b. The main form of aid is through _____________
grants
c. Sums of money given to state or local governments
for specific purposes
Mandates and Preemption
a. _______________ Congress has taken over some
functions that used to be controlled by the state
governments
b. A mandate is a law that _____________ states to take
on an activity or provide a service that meets
minimum national standards
c. Congress may also pass a _______________ that
limits a states ability to regulate an area

d.

Congress can pass laws that allow the


____________ government to assume
_____________________ for a state government
function (preemption)

C.

Conflicts
1. _____________________ divides the powers of
government, but conflicts do arise between the federal
and state governments
2. The federal court system, ___________________________,
plays a key role to end these disputes
3. McCulloch v. Maryland (1819)-concluded that when
the ________________ government and a state

government come into conflict, the national


government is _________________
4. Throughout the years, the Supreme Court has
_______________ on this issue, sometimes siding with
the national government other times the state.

III.

State Powers and Interstate Relations


A.

State Powers
1. Regulating and Promoting Business
a. States ________________ corporations within their
borders and promote those businesses
b. The main goal is to help the states ______________
and provide ______________________ for state
residents
c. States regulate business to also protect the
________________
d. States regulate business to protect the worker, to
ensure ______ and _____________ working conditions
e. States also might provide _________________ wage
2. Crime
a. Protecting ______ and ______________is the
responsibility of state and local governments
b. States call laws that _____________ citizens from
certain crimes criminal codes
c. Each state sets its own system of
_______________________
d. Local governments typically ______________ these
state laws
e. State courts handle the great majority of all
_______________ cases
3. Education, Health, and Welfare
a. ___________________ is traditionally controlled by
local governments, but the states finance about
half of education, feds 10%
b. Health care: states _____________ doctors and
dentists, require ________________ for children,
support ____________ hospitals

c. Governments provide ________ to needy families


with children, people with disabilities, and to
people who cannot afford health care.
4. Environment
a. States try to preserve their _______________
resources by regulating air and water pollution
b. Regulations impact the ___________ of residents and
the economy of the states

B.

Relations Among States


1.

2.

3.

Privileges and Immunities


a. The __________________ wanted to protect citizens
as they traveled between the states
b. The ________________________provides that the
Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several
States.
c. One state cannot _______________________
unreasonably against citizens of another state
d. The courts have never given a _________________
listing of all possible privileges and immunities.
e. Residency of a state depends on how a state
defines ___________________
f. States can treat ____________________ residents
differently if distinction is reasonable (example:
higher college tuition to state colleges)
Interstate Compacts
a. The ________________________requires the states to
settle their differences with one another
peacefully
b. Principal way states settle ____________________ is
by negotiating interstate compacts (written
agreements between 2 or more states)
c. Congress must approve ___________________
compacts, this prevents states from threating the
Union by making alliances among themselves
d. Once a compact has been signed and approved
by _________________ it is binding and enforced by
the _________________ Court
Lawsuits Between States

a. Sometimes states are unable to ____________ their


disputes through negotiation or interstate
compacts, they can sue each other
b. Reasons to sue another state:
c. Cases in the West often involve ___________ rights
d. States fight over the sewage from one state
_______________ the water of another
e. States fight over _____________________ lines

IV.

Differing Views about Federalism


A.

Federalism and Public Policy


1.

B.

State and Local Policies


a. ___________ and __________ governments can serve
as proving grounds for the development and
testing of new policies
b. In many cases ___________________ get created
because multiple states have laws already in
place giving people that right (19th amendment,
18th amendment, 26th amendment)
c. _______________ law is a provision in a law that sets
an automatic end date for the law
d. _______________ law which prohibits public officials
from holding official meetings that are closed to
the public

Relations Among States


1.

National Policies
a. __________ policy is created at the national level
and states follow
b. The national government may ____________
policies on states if it believed those states were
infringing on groups basic rights
2.
National Power and the Commerce Clause
a.
Supreme Court decisions have _______________the
constitutional power of the national government
to regulate interstate commerce
b.
The Court has interpreted the term
________________to mean almost any activity
connected with producing, buying, selling, and
transporting goods across state lines

c.

C.

Federalism and Political Parties


1.

2.

D.

The Court has also issued few ruling that


__________ the legislative powers that the
commerce clause grants to the federal
government
Supporters of Stronger State and Local Government
Powers
a. 21st century _______________________ (Republican,
Tea Party, libertarians)
b. They believe that the _____ amendment sets clear
limits on the power of the national government
and states have more power
c. They believe that the _______ and ________
governments are closer to the people and know
how to best help them
d. Tend to use the term _____________________________
e. They are more likely to ____________ broad federal
laws and regulations that limit states
__________________ to legislate as they wish
Supporters of Stronger National Government Powers
a. 21st century _____________ (Democratic Party and
Progressives)
b. They believe that the _______________ confirmed
that they tended to create a strong national
government
c. They use the ___________________ clause to argue
that the national government should be supreme
in matters of public policy
d. They believe that under the _______________ clause
the powers expressly delegated to the national
government should be expanded
e. They believe that the _______________ government
is better equipped to solve some major social and
economic problems

Federalism and Political Participation

1. ____________________ increases opportunities for


American citizens to participate in politics

2. American federalism gives citizens many points of


access to government and increase their
opportunities for __________________ public policy
3. Citizens may also work with ________________
interest groups to influence national policies and
state and local government agencies
4. A related effect of federalism is an ________________
chance that ones political participation will have
some practical impact on policy

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