| Term | Definition |
|---|
| Federalism | government in which powers are divided bw national government and the states |
| 5 Categories of Federalism | delegated, inherent, implied, concurrent and reserved |
| Delegated | national gov powers listed in the constitution |
| Inherent | Powers that all national governments have |
| Implied | Powers derived from the Necessary & Proper clause. Article 1 Section 8. |
| Concurrent | Joint national/state powers ex. taxing, spending, defining crimes |
| Reserved | 10 amendment reserves those powers not delegated to the nat. gov. to the states and the people. ex traffic laws, licensing |
| Nationalization | Alien & Sedition Acts and McCulloch vs Maryland |
| Dual Federalism | Taney court. Strict limits on government at all levels/separates spheres of authority |
| Cooperative Federalism | reinterpretation of interstate commerce clause and grown in grants in aid |
| Creative Federalism | the "Great Society" and civil rights legislation (equal accomodations legislation, voting rights) |
| New Federalism | "returning" power to the states, mandates (funded and unfunded), pre-emption (using supremacy clause) |
| Reasons for Fed Gov Expansion (6) | Implied powers, interstate commerce clause interp, civil rights legislation, war powers, fiscal powers, supremacy clause |
| Federal Obligations to the states (3) | Guarantee a republican form of gov, ensure domestic tranquility, protect against invasion |
| State Obligations to Each Other (3) | Full faith and credit, privileges and immunities and extradition |
| Inter-state Cooperation | states working together |
| Interstate Compacts | agreements between states, sanctioned by congress |
| Informal Cooperation | agreements between states on their own ex Uniform State Laws |
| Red River Compact | 1930's - river moved south - border was now the south side of the river |
| Pre-emption | in case of conflict, national laws are supreme & state laws are null and void |
| mandates | agencies to help people find work etc |
| Rehnquist Court | Roberts court. 90's - school zones gun free |
| national parole compact | have option to apply for parole in another state |
| fiscal federalism | nat gov gives some of tax revenues to the states to accomplish purposes desired by the nat gov |
| 1/4 of non-entitlement expenditures | fiscal federalism |
| 1929 | fed gov spent 1/3 of what states did; now spends over twice |
| WW2 and Great Depression | when states no longer spent more than fed gov |
| entitlement | medicare, social security, medicaid |
| grants in aid | conditional, standards, matching grants. |
| block grants | money set aside for general categories - community development grants |
| national dominance | pre-emption and mandates (specifically unfunded) |
| 1974 | first gas crisis |
| 1975 | 55 mph speed limit or lose hwy funding |
| revenue sharing | shared money with the states based on the % of taxes paid |
| 1979 | second gas crisis-quit revenue sharing |
| soverignty | fundamental government authority |
| dillons rule | local governments are creature of the state-state legislature can alter boundaries of local gov or abolish |
| unitary gov | all authority held by single nat gov |
| regional and local gov are outposts of nat gov | unitary gov |
| how does congress influence federalism | thru its power to spend money and electoral forces and political conflicts |
| british parliament | can abolish local gov at any time |
| confederation | gov where subunits restrain their sovereignty, delegating only a few tasks to central gov ex. gov formed thru articles of confed |
| federalism lies | b/w conferderalism and unitary gov |
| 10th amendment | powers not delegated to the US by constitution nor prohibited by it to the states are reserved to the states respectively or to the people |
| Concerned with military strength, economic vitality of US, strong nat gov and centralized power | federalists |
| suspicious of potential threat of nat power to independence of states and localities | antifederalists |
| favored weak gov, congress was denied general legis power, gave only specific delegated powers - right to levy taxes and reg interstate commerce and appoint officers in the militia and guaranteed existing state boundaries | antifederalists |
Combine with other sets
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