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Pols 021 Chapter 3

Terms in this set (28)

What is federalism
The division of power across the local, state and national governments
Sovereign Power
The supreme power of an independent state to regulate its internal affairs without foreign interference
Police powers
The power to enforce laws and provide for public safety
Concurrent powers
Responsibilities for particular policy areas, such as transportation, that are SHARED by federal, state and local governments
Unitary Government
A system in which the national, centralized government holds ultimate authority. Most common form of gov
Confederal Government
A form of government in which states hold power over a limited national government
National Government Powers
-Print money
-Regulate interstate commerce and international trade
-make treaties and conduct foreign policy
-declare war
-provide an army and navy
-establish post office
-make laws necessary to carry out these powers
State Government Powers
-issue licenses
-Regulate intrastate businesses
-conduct elections
-establish local governments
-ratify amendments to the constitution
promote public health and safety
-may exert powers the constitution does not delegate to the national government or does not prohibit the states from using
Concurrent Powers
-Collect taxes
-Build roads
-Borrow money
-establish courts
-make and enforce laws
-charter banks and corporations
-spend money for the general welfare: take private property for public purposes, with just compensation
Powers denied to the National Government
-May not violate the bill of rights
-May not impose taxes among states
-May not use money from the treasury without an appropriation from congress
-May not change state boundaries
Powers denied to the State Governments
-May not enter treaties with other countries
-May not print money
-May not tax imports or exports
-May not interfere with contracts
-May not suspend a persons rights without due process
Full Faith and Credit Clause
Part of Article IV of the Constitution requiring that each state's laws be honored by other states. For example, a legal marriage in one state must be recognized across all state lines
Privileges and Immunities Clause
Part of Article IV of the the Constitution requiring that states must treat non-state residents within their borders as they would treat their own residents.
Doctrine of Incorporation
The idea that if the national government passes an unconstitutional law, the people of the states (through their state legislatures) can declare the law void. This idea provided the basis for southern secession and the civil war.
Federal Preemption's
The invalidation of a state law that conflicts with national law
Dual Federalism
National and state governments are seen as distinct entities providing separate services
-limits the power of the national government
Cooperative Federalism
A form of federalism in which national and state governments work together to provide services efficiently.
Picket Fence Federalism
A more refined and realistic version of cooperative federalism in which policy makers within a particular policy area work together across all levels of government
Fiscal Federalism
A form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants
Coercive Federalism
A form of federalism defined by a strong national government that exerts tight control of the states through orders or mandates.
New Federalism
A movement in which people would like to see power transferred back to the states
Categorical Grants
Federal aid to state or local government that is provided for a specific purpose
Block Grants
Federal aid provided to a state within a certain policy area, the state may decide how to spend the money within the policy area
General Revenue Sharing
Federal grant provided to the states in which the state may choose however it would like to spend the money.
(more control over which programs the money goes to)
Unfunded Mandates
Federal laws that require the states to do certain things but do not provide state governments with funding to implement the policies
National Federation of Independent Businesses v. Sebelius (2012)
-Mixed
-upheld most Affordable care act provisions
-struck down expansion of medicaid (deemed to be coercive federalism)
United States v. Windsor (2013)
-More state power
-Section 3 of the Defense of Marriage Act deemed unconstitutional as it denied federal benefits to same sex couple who were legally married under state law
Shelby County v. Holder (2013)
-More state power
-Section 4 of the Voting Rights Act on the grounds it violated the "equal sovereignty" of the states
THIS SET IS OFTEN IN FOLDERS WITH...