Chapter 2 Study Guide

11. Assess the advantages and disadvantages of decentralized powers in a federal system. Decentralized arrangements in a federal system are vital in laws applying to local areas. Due to the different needs demonstrated by different people depending on territory/state, the federal government can distribute the resources while local governments, pertinent to a specific area, are able to utilize the resources more efficiently. However, the dispersion of power to local governments does not necessarily ensure that the local governments will be less bureaucratic and effective than an overarching government. Furthermore, decentralization allows for the redundant provision of services between federal, state, and local level (court appeal system). 12. Compare and contrast enumerated vs. unenumerated powers. The enumerated powers are a limited list of items found in Article 1 Section 8 of the United States that are the powers of Congress. The 10th Amendment states that all powers not vested in the federal government nor prohibited of the states are reserved for the states and the people. 13. What are concurrent powers? Provide examples. They are powers shared by the federal and state government. Some of these powers are the power to tax, make roads, protect the environment, create lower courts and borrow money. 14. Discuss how the commerce clause has caused tension between the national government and state governments. How has the necessary and proper clause affected federalism? The commerce clause causes tension between the nation and state government due to the fact that there are so many aspects of society controlled that can be considered interstate commerce giving seemingly unlimited power to the federal government. Furthermore, the necessary and proper clause gives Congress the power to make laws in order enforce foregoing powers. This allows the Congress to broaden its range of powers due to its ability to enforce laws. 15. Discuss the effect of the following Supreme Court cases on federalism: McCulloch v. Maryland (1819), U.S. v. Lopez (1995), Printz v. U.S. (1997), and Gonzales v. Raich (2005). McCulloch v. Maryland: The case established that the Constitution grants to Congress implied powers for implementing Constitutions express powers and that state action may not hinder constitutional exercises of power by Congress. U.S. v. Lopez: In a 5-4 decision, it was ruled that while the Federal government had broad lawmaking authority under the commerce clause, the power was limited and that the regulation of firearms was not commerce, especially since there was no evidence that carrying them impacted the economy greatly.

Chapter 2 Study Guide

Printz v. U.S.: The court case declared the interim provisions of the Brady Bill unconstitutional. Although the immediate effects were negligible and the federal background check database was completed, Printz v. U.S. was an important ruling in the limit of federal power. Gonzales v. Raich: This reaffirmed the power of Congress by stating that, indeed, the Congress could criminalize the production and use of home-grown cannabis, even where states approve its use for medicinal purposes. 16. Identify and state the significance of devolution and New Federalism. How did AFDC exemplify devolution in the 1990s? Devolution is the transfer of power to a lower level usually by the central government to local or state government. New Federalism was the political philosophy of transferring certain powers from the federal government to the state governments. AFDC exemplified devolution in the 1990s due to the Bill Clintons negotiations with the Republican-controlled congress to pass PRWOA. This cause a delegation of power to the state government by the federal government, allowing the states to have more say in the distribution of welfare. 17. Summarize the differences between block grants and categorical grants. Provide examples. Block grants are grants from the central government that a local authority or government can allocate to a variety of areas, while categorical grants are the same thing but are required to be used for a specific purpose. Substance Abuse Treatment Capacity Programs and Activities is a block grant issued to help prevent and treat substance abuse. Grants provided during the development of the Interstate Highway System funded more than 90% of the project. 18. Explain the use of federal mandates. How did the American with Disabilities Act exemplify a federal mandate? Federal mandates can be used in order to force a state to comply to federal law so long as it doesnt violate the Constitution. Mandates allow the federal government to set up acts such as the American with Disabilities Act that required all buildings after the passing of the act in 1990 to be handicap accessible. 19. What are reserved powers? How are they protected by the constitution? Under the 10th amendment, powers that the U.S. Constitution did not give to the federal government, or forbid to the states are reserved to the states or the people. 20. How has states rights been used throughout American history? Which political party advocates greater states rights today? Explain. It has been used throughout American history in that the Federal Union is a voluntary association of states and laws if deemed unjust could be nullified. Furthermore, states rights have been heavily debated in Supreme Court cases such as Plessy v. Ferguson and Reitman v. Mulkey. The Republican

Chapter 2 Study Guide

Party or GOP, more heavily advocates states rights. Being conservative, the Republican Party states that states should have more power and are very limited when it comes to change.