Federalism Concept Map

Types of Government

Unitary

National government has all the power. It rules over anything that is lower than them in power.

Confederal

The states are the national government. They have supreme control over their "country."

Federal

National and State government share the power. All of their powers are derived from the consent of the people.

Powers that are not stated in the constitution, which are given to the states or the people.

(10th Amendment)

Under the elastic clause, these are powers that constitution does not directly state, but the government needs in order to use their stated powers.

Powers that are stated in the constitution and are given to the national government. (Article I, Section VIII)

Overlappping powers between the state and government.

Due to federal preemption, federal laws are considered valid rather than state laws when they conflict.

(Supremacy Clause)

Example: Federal agents raiding weed shops that are legal in California.

Federalism

State & Personal Powers

• Full Faith and Credit - Judicial decrees/contracts must be honored in all states
• Privileges and Immunities Clause - All citizens guaranteed rights regardless of state residency
• Extradition Clause - States must return crimals to states where they have been convicted.

Block Grants

Grants to states that have broad purposes and very few restrictions and can be allocated for a range of services

Project Grants

Public funding for any work or project that is deemed important or necessary by the government.

Preemption

The national government has the ability to override the actions of state or local governments if their actions conflict with federal law.

Catagorical Grants

Formula Grants

A formula that calculates how much aid a state shall receive. It is based upon data like population, tax levels, level of poverty, etc. ... However, the requirements change based upon what program is going to be considered.

Grants for the states that made them comply to the country's "national agenda."

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Devolution

Revolution

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Fiscal Federalism

The transfer of certain powers from the

national government to the states.

Cooperative Federalism

This is concerned with the distribution of money through the branches of the government. It also includes giving grant money to states and peoples of certain groups of interest.

The opposite of dual federalism. Asks that laws be amended in conjuction between the state and national level. That way gridlock will be avoided.

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New Federalism

A movement in the 80s that shrunk the size of the national government and moved powers to the states (which were lost in the 30's). Run under President Ronald Regan.

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Dual Federalism

The idea that the national government should not have powers that are not stated in the constitution. Essentially, the elasitic clause should no longer be valid. Meanwhile, the states should set up their own set of laws.

US v. Lopez

Webster v. Reproductive Health

limitation of power (reserved powers)

McCulloguh v. Maryland

Gibbons v. Ogden

South Dakota v. Dole

use of implied powers

Roe v. Wade

Planned Parenthood v. Casey

use of federal preemption

• Reserved Powers
• Implied Powers
• Enumerated Powers
• Concurrent Powers

Carlos Cheung and Edward Jiang

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