Dennis Kim

Chapter 3 Reading Questions

Answer the questions below in short answers, not essays. No need to write question.

 1.            Define Federalism. 

Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. In another word, is it the division of power between different levels of government (federal and states)

 2.            For each section of the US Constitution listed below, explain how it defines the federal relationship between the national government and the states or between the states.

 a.            The Commerce Clause

In Gibbons V Ogden, the Supreme Court ruled that Congress, not individual states could control interstate commerce. This clause is used today to regulate media, including television broadcasting, radios and phones.

b.            Full Faith and Credit Clause

The clause expresses that States recognize public acts, records and other proceedings of pother state (marriage and driver's licenses). Congress created the Defense of Marriage Act (DOMA) which allowed states to not acknowledge gay marriages, and would not allow the federal government to recognize gay marriage. Latter part of DOMA was declared unconstitutional in 2013.

c.             Privileges and Immunities Clause

This clause prevents a state from discriminating against citizens of another state. The influence of this strength is most exemplified by the Saenz V Roe case, which ruled that California could not require a waiting period for welfare benefits for new residents. This is often very complicated as evidenced by tribulations associated with in-state vs out of state tuition for college.

d.            Article VI

In Article of VI of the Constitution, the Framers dealt with what remains a touchy question: In a dispute between the states and the national government, which prevails? The answer that the delegates provided, often referred to as the supremacy clause, is reasonably clear. They state that the following three items were the supreme law of the land.

1. The constitution. 2. Laws of the national government (when consistent with the Constitution) 3. Treaties (which can be made only by the national government 3. Treaties(which can be made only by the national government)

e.            10th Amendment

The Amendment details powers reserved for the states; it states that all powers not granted to federal government are given to the states. An example would be varying educational system, laws and marriage in different states.

f.             14th Amendment

The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty," like the right to free speech, or a property interest.

3.             How does federalism democratize American society?  

The federal system decentralizes our politics in more fundamental ways than does our electoral system. With more layers of government, more opportunities exist for political participation. With more people wielding power, there are more points of access in government and more opportunities for government to satisfy the demands of interests for public policies. With states making more decisions, fewer issues need to be decided at the national level, lessening conflict there.

4.            Define Dual Federalism and Cooperative Federalism.

Dual Federalism is when state and Federal government are supreme in their own sphere and cooperate federalism is when State and federal government share responsibilities

 5.            What are the benefits to states of the cooperative federalism model?

States and national government can cooperate and use their resources to the fullest extent to accomplish a task. Take the response to terrorist attacks on September 11, 2001, for an example. The national government asked state and local governments to investigate suspected terrorists. Now both national and state public health officials deal with national threats.

 6.            What is “devolution”?  Why does the author say Republicans no longer support it?

Devolution is the transferring the responsibilities of policies from the federal government to states- advocated by Republicans. Since the 1990s, Republicans have increased the role and power of the federal government. They found turning to the federal government-and restricting state power- the most effective way to achieve a wide range of policy objectives, including loosening economic and environmental regulations and controlling immigrations.

 7.            What is the difference between a categorical grant and a block grant? 

Categorical grants must be used for specific purposes for state spending; way to influence policy (head start). Block grant is money that is given to states with discretion to states with how to spend.

 8.            What is the difference between project grants and formula grants?

Project grants are grants given based on applications. Formula grants are money distributed based on a formula, no applying is a necessary (Medicaid).

 9.            Answer the question posed in the political cartoon on Page 87

The Emergency Economic Stabilization Act of 2008 was legislation passed in the wake of the international credit and subprime mortgage crisis that began to make itself known around 2007. I think government intervention was absolutely necessary to revive the economy and prevent banks from collapsing. As the title of the bill suggests, it was an emergency act. I believe such intercession was the final resort.

 10.          What does the graph on Page 88 say about the role of the federal government since the Depression?

The Federal government's spending increased rapidly during and following the Great Depression.