AP Gov, Chapter 3: American Federalism
Terms in this set (49)
A system of government in which a written constitution divides power between a central, or national, government and several regional governments
A form of government in which powers are divided between a central government and several local governments
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Layer cake federalism
Federalism characterized by a national government exercising its power independently from state governments. (Dual federalism)
A system of government in which powers and policy assignments are shared between states and the national government. (They may also share costs, administration, and even blame for programs that work poorly.)
Marble cake federalism
Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government. (Cooperative federalism)
Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services and taxes
Implies that although federalism provides "a sharing of power and authority between the national and state governments, the state's share rests upon the permission and permissiveness of the national government."
A term that refers to the transfer of certain powers from the federal government to the state governments. It helped revive the state's autonomy and power which it had lost with the New Deal.
A centralized governmental system in which local or subdivisional governments exercise only those powers given to them by the central government.
A political system in which a weak central government has limited authority, and the states have ultimate power.
"Laboratories of democracy"
how Justice Louis Brandeis described states. If states adopt programs that fail, the negative effects are limited; if programs succeed, they can be adopted by other states and by the national government.
Powers given only to the national government under Federalism. Ex. declare war, print money, raise an army, regulate foreign and interstate trade.
Powers derived from the "Necessary and Proper" or "Elastic" clause. (not specifically mentioned in the Constitution)
Necessary and proper clause
Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers
Powers specifically granted to one of the branches of the national government by the constitution (power to regulate interstate commerce, appropriate funds)
The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government
National supremacy article
All officials swear an oath to support constitution, conflicting state and local regulations are unenforcable
The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.
Gibbons v. Ogden (1824)
1824 case where the Supreme Court upheld broad congressional power to regulate interstate congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers
A requirement that a state or local government undertake a specific activity or provide a particular service as a condition for funding. EX: to establish elaborate testing programs, homeland security operations, standardize drivers' license, etc. Often time unfunded.
All powers not specifically designated to the national government by the constitution so they are given to the states and the people
Powers of government exercised independently by both the federal and state governments, such as the power to tax.
Full faith and credit clause
Clause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid
Interstate privileges and immunities
Under Article IV, Section 2, individual states must give citizens of all other state the privileges and immunities they grant to their own citizens, including the protection of the laws, the right to engage in peaceful occupations, access to the courts, and freedom from discriminatory taxes.
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed
Contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns
McCulloch v. Maryland (1819)
(1819) the Supreme Court decision that established the supremacy of the national government over the state government. Chief Justice John Marshall held that congress had certain implied powers in addition to the powers enumerated in the constitution
An administrative agency decision-making, notice of charges or potential rule making coupled with opportunity to appear, present evidence, and confront witnesses if warranted.
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
A concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas.
the rule that a citizen cannot sue the government without the government's consent
United States v. Morrison
(DEVOLUTION) , overturned the Violence Against Women Act of 1994; attacks against women are not interstate commerce, and hence Congress cannot constitutionally pass such a law
People who favor national action over action at the state and local levels.
People who favor state or local action rather than national action
According to the compact theory of the Union the states retained all powers not specifically delegated to the central government by the Constitution.
This is the effort to reduce the size & power of the federal government by returning (devolving) power to the states. Also known as New Federalism. Associated with Republicans (especially President Reagan & the Tea Party)
Economic aid issued by the United States government out of the general federal revenue. A federal grant is an award of financial assistance from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of the United States.
Grants are federal assistance or loans to individuals, benefits or entitlements. A grant is not used to acquire property or services for the federal government's direct benefit.
Congress appropriates funds for specific purposes; allocated by formula and subject to very detailed federal conditions (Usually given based on pop.)
Federal categorical grants given for specific purposes and awarded on the basis of the merits of application.
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
given to states for specific activities, such as public assistance, child care, education, social services, preventive health care, and health services. States have great flexibility in deciding how to spend them. (also known as block grants)
A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.
Federal laws that require the states to do things without providing the money to do so. Examples: ADA (wheelchair ramps), NCLB (testing)
Unfunded Mandate Reform Act
Limited unfunded mandates
No Child Left Behind Act
A U.S. law enacted in 2001 that was intended to increase accountability in education by requiring states to qualify for federal educational funding by administering standardized tests to measure school achievement.
US v. Lopez
(DEVOLUTION) , 1994, Congress must defer punishment to states, because the gun-free school zone act exceeds Congress' authority to regulate interstate commerce., Devolution revolution; Gov't can't regulate guns on school grounds [Constitution - 10th Amend.]
START OF COOPERATIVE FEDERALISM. Stage is called "cooperative federalism" because the new programs of the "New Deal" require cooperation across all levels of government.
o Franklin Roosevelt's "New Deal" sparks a revolution in national policy making and an increased role for the national government altering the balance of power.
o Initially, the Supreme Court struck down New Deal programs, but in 1937 Supreme Court changes course (court-packing plan).
An effort to shirft responsibility of domestic programs to the states in order to decrease the size &activites of the fed. govt; some states have attempted to shift responsibilities further to local govts (1980s)
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