Ali san

12/10/14
Per. 6
Federalism Questions
1. Anti-federalists feared the new constitution system when it was rarified. The
constitution proposed a centralized federal system and provided no bill of rights. The
anti-federalists opposed the concept of a strong federal system; instead they favored
strong states rights, which the constitution did not favor. For example, the bill of rights
was passed because anti-federalists felt that the threats on states rights were growing.
Anti-federalists felt that the constitution was moving away and opposing democracy. For
instance, we the people referred to as only aristocrats for the anti-federalists. Thus,
anti-federalists wanted everybody to have the same rights in their prospective.
2. The constitution was created with 3 different branches of government:
executive, legislative, and judicial. Each branch was created equal with no branch
dominating on another. Thus, the concept of checks and balances established separation
of powers between each branch. For example, the President appoints judges and
departmental secretaries. But the Senate must approve these appointments. The Congress
can pass a law, but the President can veto it. The Supreme Court can rule a law to be
unconstitutional, but the Congress, with the States, can amend the Constitution.
(usconstitution).
3. States continue to exercise their independent power. They are enabled to have
freedom because of the bill of rights and state nullification. The bill of rights contains 10
amendments made to secure states rights. For example, the 10th amendment states that,

The powers not delegated to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the people. (aclu) In state
nullification, states have the right to nullify a federal law that seems unconstitutional
today. These are some examples of the rights of states.
4. Devolution refers to the effort to transfer responsibility for many public
programs and services from the federal government to the states. One power of states is
the block grant, which is money from the government for programs in certain general
cases that the states can use at their discretion within broad guidelines. States have police
power, wherein they can promote their own regulations that promote criminal codes,
health, public welfare and etc. In addition, state sovereignty is the concept that states are
in complete and exclusive control of all the people and property within their territory.
State sovereignty also includes the idea that all states are equal as states. (globalization)
These are powers given to state governments during the new federalism era.
5. Funding is the most prominent influence federal government has over state and
local governments. State and local governments receive funding through the federal
government to support education and other civic programs. For example, grants-in-aid
are given in form of land grants in order to finance education. Land grants were also
given to support highways, railroads, and other state projects. Categorical grants are
federal grants given for specific purposes. In addition, there is a form of revenue sharing,
which is a federal sharing of a fixed percentage of its revenue with the states. However,
there are the conditions of aid that states must meet to receive grants.
6. McCulloch v. Maryland was a controversial court debate over a state court for
McCulloch, who failed to pay taxes to the Bank of the United States, which was created

by Congress. This case rose all the way to the Supreme Court. This case established the
expanded powers of Congress and confirmed the supremacy of the federal government in
the exercise of those powers. Congress possessed the power to carry out powers of
chartering a national bank which was ruled necessary and proper thus leading to the
necessary and proper clause. Consequentially, it was ruled that a federal bank could not
be lawfully taxed by a state. Hence, the Maryland law was unconstitutional leading to the
victory of McCulloch.
7. Grants-in-aid are money given by the national government to the states. Grantin-aid programs stood relatively small until the 20th century. On one hand, states wanted
to access power of federal government. On the other hand, it was the constitutional
interpretation that held them withal. Their solution was to have federal money in state
hands. In the federalist case, this meant that if one state received federal money then
more money must be sent to many states. Based on federalism, every state had the
incentive to ask for money for their programs. However, grant-in-aid upset the balance of
federalism tilting it away from the prospective.
8. In a way Congress does bribe states for their own pleasure. The implementation
of block grants and revenue sharing continued to grow along with categorical grants.
These devices were created to make states have freedom but it was not successful.
Federal power enforces more control over states to their benefit. Mandate terms set by the
national government asserts that states must meet whether or not they accept federal
grants. As federal aid became important for states, states began to feel the threat of the
federal controlling other level of government for their own benefit. However, states
notices that free federal money was not free after all.

9. States do have right to reject or turn down federal grants from healthcare to
unemployment benefits. For example, the expansion of Medicaid was initially rejected by
17 states. This funding was rejected because the states learned that free money from the
federal government is not free. In fact, some states save more with their own program
like the state of Wisconsin. A consequence might be a leading to a bad federal-state
relation. States have not accepted Medicaid because they wanted to reduce the federal
deficit spending. State sovereignty leads states to disregard the devolution revolution. In
terms, there arent a lot of consequences states can face.
10. Grants-in-aid from the federal government to states are of two main types:
mandatory entitlement grants, for which spending is determined by existing law, and
discretionary grants, for which funding is allocated on an annual basis. In fiscal year
2003, almost 60% of federal dollars given in grants-in-aid to states, excluding Medicaid,
were discretionary.5 in this system, interest groups have the ability to influence grants-inaid through contributions and lobbying efforts. Interest groups are large contributors to
federal legislators: during the 19971998 election cycle, over 4500 Political Action
Committees has shown that these groups do have the power to influence policy and the
distribution of grants. (hks.harvard)
Federalism (federal system) A system of government which allocates power between
national and state governments. "Federalism" and "federal system" are used
interchangeably. Both national and state governments exercise power over the same
geographical area.
Unitary system A system of government in which power is concentrated in the central
government.
Supremacy clause Clause that states that "the Constitution, and the laws of the United
States...
shall be the supreme law of the land.

Delegated powers Powers which are granted to, and exercised ONLY by the national
government. The delegated powers are specifically listed in the U.S. Constitution at
Articles I, II, III. The delegated powers are also known as expressed powers.
Reserved powers

Powers retained by the states, as dictated by the 10th Amendment.

Concurrent powers Those powers which are exercised independently by both the
national and state governments. Those powers shared by both levels of governments, i.e.,
state and national. Examples: power to tax, power to borrow, and power to regulate
commerce within their own borders. Both the federal and state government collaborate
with each other within many geographic spheres.
Implied powers Powers of the national government that flow from its enumerated
powers and the "elastic clause" of the Constitution.
Enumerated powers Enumerated powers are powers that are granted specifically to the
three branches of the federal government under the Constitution. Synonymous with
delegated powers and expressed powers.
Expressed powers Those delegated powers of the National Government that are given
to it in so many words by the United States Constitution; also sometimes called the
"enumerated powers."
Elastic Clause Found in Article I, Section 8 of the Constitution, it gives Congress the
power to make "all laws necessary and proper" to carry out the other defined powers of
Congress.
Regulatory federalism
A term used to describe the emergence of federal programs
aimed at, or implemented by, state and local governments.
Dual federalism
The belief that having separate and equally political levels of
government is the best arrangement. It is a concept of government under which the
Supreme Court saw itself as a referee between two compelling power centers the
states and the federal government each with its own responsibilities.
Cooperative federalism
Described as various levels of government which are seen
as related parts of a single governmental system, characterized more by cooperation and
shared functions than by conflict and competition.
"New Federalism" President Ronald Reagans effort to restore to state governments the
responsibility for making and implementing policies.
Grants-in-aid program
Financial aid granted by one government to another (e.g.,
by the National Government to the States), with the funds available subject to certain
conditions and to be used for certain purposes; see block grants.
Categorical grants Federal grants to states and local communities that are earmarked
for specific purposes only, such as pollution control, schools, or hospitals.

Block grant Federal grants to the states and local communities that are for general use
in a broad area, such as community development.
revenue sharing
A controversial program, in effect between 1972 and 1986, in
which the federal government returned federal tax money to state and local governments
to spend without restrictions. Opposition from some members of Congress and the
Reagan administration ended the program in 1986.
McCulloch v. Maryland (1819)
An important 1819 Supreme Court case in which
Chief Justice John Marshall's ruling established the key concepts of implied powers,
broad construction of the Constitution, and national supremacy.
Gibbon v. Ogden (1824)
Case established the principle that Congress has sole
authority over interstate commerce.