| Term | Definition |
|---|
| Federal system | System of govt where the national govt & state govts share power, derive all authority from the people, & the powers of the govt are specified in a Constitution |
| Unitary System | Govt where the local & regional govts derive all authority from a strong nat'l govt |
| Enumerated/Nat'l powers | specified powers granted to Congress under the Constitution |
| Necessary & Proper clause | gives Congress all authority to pass all laws necessary to carry out the enumerated powers specified in the Constitution. A/K/A elastic clause (elasticity through interpretation) |
| Implied Powers | powers not stated specifically but considered to be reasonably implied through the exercise of expressed or delegated powers. Derived from enumerated powers & necessary & proper clause |
| Supremacy Clause | National law is supreme to (supercedes) all other laws passed by the states or by any other subdivision of govt |
| Tenth Amendment | Sustains the right of self-govt and grants in defining the basic principle of American federalism in stating "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the state respectively, or to the people" |
| Reserve/Police powers | powers not specifically granted to the nat'l govt or can be implied, and not specifically denied to the states, are reserved to the states & the people (10th Amendment). |
| Examples of State Reserve/Police powers | (1) power to conduct elections, (2) power to ratify amendments, (3) ability to legislate for public health, safety, & morals of their citizens. These powers are not specified and lead to conflict b/t state & nat'l govt |
| Concurrent powers | powers that can be exercised by both nat'l & constituent/state govts at the same time |
| Examples of Concurrent powers | power to tax, spend money, make & implement laws, borrow money, establish courts, charter banks & corporations |
| Examples of Nat'l Enumerated powers | taxation, coinage of money, regulation of commerce, authority to provide for a nat'l defense |
| Full faith & credit clause | ensures judicial decrees & contracts made in one state will be binding & enforceable in any other state |
| Privileges & immunities clause | guarantees that citizens of each state are afforded the same rights as citizens of all other states. Makes nat'l citizenship paramount to state citizenship or residency |
| Extradition clause | provides for the forcible return of fugitives from 1 state to another |
| Legal obligation of extradition clause | Congress passed law saying crime is interstate federal law, (amend 14), closing the loop-hole |
| Interstate Compact | only w/ Congressional consent, state may enter into contracts w/ other states, to promote cooperation b/t states; prevents one state from dominating another |
| McCulloch v. Maryland | Supreme Court upheld power of the nat'l govt & denied the right of a state to tax the federal bank using the supremacy clause. The court's broad interpretation of the necessary & proper clause paved the way for later rulings upholding expansive federal powers. 1st major Supreme Court decision of the Marshall Court to define the relationship b/t nat'l & state govts |
| Gibbons V. Ogden | Supreme Court, under Marshall, upheld broad congressional power to regulate interstate commerce |
| Dual federalism | (layer cake), belief that separate but equally powerful levels of govt is the best. PARIS seen as mutually exclusive; limited sharing of functions |
| 16th Amendment | Nat'l income tax |
| 17th Amendment | made senators directly elected by the people, not the state legilatures |
| Cooperative federalism | (marble cake) intertwined relationship b/t the nat'l, state, & local govts that began the New Deal |
| Events that led to New Deal | stock market crash, bank failures, declined construction industry, stock prices crashed |
| Block grant | given to states for general purposes (education or health) w/ few strings attached. States prefer over categorical grants |
| Unfunded mandate | Nat'l law that directs state or local govts to comply w/ federal rules/regs, but contain little or no federal funding to defray cost of meeting the requirements (clean air & water standards) |
| Preemption | derived from the supremacy clause allowing nat'l govt to override state or local actions in certain areas |
| Sovereign immunity | right of the state to be free from a lawsuit unless it gives permission to the suit |
| 11th Amendment | all states are considered sovereign |
| Degree a nat'l govt has sovereignty - confederate | none |
| Degree a nat'l govt has sovereignty - State-dominant union | some |
| Degree a nat'l govt has sovereignty - Nat'l-dominate union | considerable |
| Degree a nat'l govt has sovereignty - Unitary | total |
| State-dominate federal union | Nat'l govt has sovereign power in some subject areas & state govts have sovereign powers over most subject areas |
| Nat'l-dominant federal union | nat'l govt has considerable amount of sovereign powers in most subject areas & state govts have sovereign powers over some subject areas |
| Intergovernmental Relations | encompass relations among all units of govt w/in a nation; affected, but not determined by, federalism |
| Federalism | refers to certain aspects of the dealings b/t nat'l & constituent (state) levels of govt |
| Delegated/express powers | powers expressly delegated to the natl govt by the first 3 Articles of the Constitution |
| Article 1 | Legislative powers to enact/make law |
| Article 2 | Executive powers to enforce/implement law |
| Article 3 | Judicial powers to interpret meaning of law |
| Inherent powers | powers denied to the states, therefore reserved for the Nat'l govt in dealings w/ other nations in foreign affairs; ensures nations survival |
| Examples of Inherent powers | power to receive & appoint ambassadors, make treaties, declare war, & make peace |
| Vertical Federalism | activities, problems, & policies that define the relationship b/t different levels of govts in a federal system |
| Horizontal federalism | activities, problems, & policies that define the relationship b/t equal levels of govts in a federal system |
| Grant-in aid system | mix of programs through which the federal govt provides money to state & local govt. |
| Important feature of Fiscal Federalism | Grant-in-aid system |
| Programs in Grant-in-aid system | Redistributive Program & Developmental Program |
| Redistributive Program | part of grant-in-aid system designed to benefit those who are disadvantaged & poor in society |
| Developmental Program | Part of grant-in-aid system designed to assist states & local govts in realizing their full economic potentials |
| Categorical grant | oldest form of federal aid used to award funds to state/local govts for specific purposes w/ lots of strings attached; no discretion left to recipients; 80% of all funding used to be this |
| Types of categorical grants | Project grant & Formula grant |
| Project grant | categorical grant for specific projects/problems. Very restrictive & competitive |
| Formula grant | categorical grant allocated automatically based on a formula. Not as restrictive/competitive & removes discretion from federal govt |
| Revenue sharing | under Pres Nixon in 1972; grants made w/ little or no strings attached; recipients free to use almost as they choose w/ minimal Federal monitoring. designed to facilitate decentralization of PARIS among all levels of govt. Died 1987 due to growing nat'l debt & deficit |
| Unitary system goal | value in unity |
| Confederate system goal | diversity |
| Federal system goal | unity in diversity |
| centralized PARIS | unitary system |
| Decentralized control | confederate system |
| Balance PARIS w/ PARIS | Federal system |
| The people | controller of PARIS under Federalism |
| United States | invented federalism |
| The King | controller of PARIS under Unitary system |
| The States | controller of PARIS under Confederate system |
| Examples of Unitary Unions | Great Britain, Japan, France, Sweden |
| Union | community occupying a definite territory, having organized govts, and possessing sovereignty |
| Sovereignty | Power w/out external control |
| national govt examples | central & federal |
| state govt examples | regional, provincial, commonwealth, canton |
| local govt examples | county, parish, city, town, village |
| example of state-dominate federal union | Switzerland |
| Marbury V. Madison | increased the power of the courts through interpretation |
| Nat'l-dominate federal union examples | most democracies that have federal unions |
Combine with other sets
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