American Federalism Flashcards
Devolution Revolution
The effort to slow the growth of the federal government by returning many functions to the states
Federalism
Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the US. The national and sub divisional governments both exercise direct authority over individuals
Dual Federalism (Layer Cake Federalism)
Views the Constitution as giving a limited list of powers, primarily foreign policy and national defense, to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity
Cooperative Federalism
Stresses Federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government
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 of government
Competitive 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
Permissive Federalism
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.”
“Our Federalism”
Championed by Ronald Reagan, presumes that the power of the federal government is limited in favor of the broad powers reserved to the states
Unitary System
Constitutional arrangement that concentrates power in a central government
Confederation
Constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its powers and do not give it direct authority over individuals
Express Powers
Powers the Constitution specifically grants to one of the branches of the national government
Implied Powers
Powers inferred from the express Powers that allow Congress to carry out its functions
Necessary & Proper Clause
Clause, stating, Congress in addition to its express Powers has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Inherent Powers
The powers of the national government in foreign affairs that the SC has declared do not depend on constitutional grants but rather grow out of the very existence of the national government
Commerce Clause
Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations
Federal Mandate
A requirement the federal government imposes as a condition for receiving federal funds
Concurrent Powers
Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes
Full Faith & Credit Clause
Requires each state to recognize the civil judgements rendered by the courts of the other states and to accept their public records and acts as valid
Extradition
Legal process whereby an alleged criminal offender is surrendered by the officials of one states to officials of the state in which the crime is alleged to have been committed
Interstate Compact
An agreement among two or more states. Congress must approve most agreements
National Supremacy
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local governments, the actions of the federal government will prevail
Preemption
The right of a federal law or a regulation to preclude enforcement of a state or local law or regulation
Centralists
People who favor national action over action at the state and local levels
Decentralists
People who favor state or local action rather than national action
Categorical-formula Grants
Congress appropriates funds for a specific purpose, allocated by formula and are subject to detailed federal conditions, often on a matching basis; that is, the local government receiving the federal funds must put up some of its own dollars. Provide federal supervision to ensure dollars are spent as Congress wants
Project Grants
Congress appropriates a certain sum, allocated to state and local units, based on applications from those who wish to participate
State’s Rights
Powers expressly or implicitly reserved to the states
Block Grants
Broad state grants to states for prescribed activities with only a few strings attached. States have greater flexibility in deciding how to spend block grant dollars, but when the federal funds for any fiscal year are gone, there are no more matching federal dollars
Direct Orders
Technique of Congress to establish federal regulations. Must be complied with under threat of criminal or civil sanction
Cross-cutting Requirements
Technique of Congress to establish federal regulations. Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source
Crossover Sanctions
Technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another
Total & Partial Preemption
Technique of Congress to establish federal regulations. Total preemption rests on the national governments power under the supremacy and commerce clauses to preempt conflicting state and local activity. Building on this authority, federal law in certain areas entirely preempts state and local governments from this field. Sometimes federal law provides for partial preemption in establishing basic policies but requires states to administer them. Some programs give states an option not to participate, but if a state chooses not to do so, the national government steps in and runs the program.
Mandatory Partial Preemption
The national government requires states to act on peril of losing other funds but provides no funds to support state action
Creative Federalism
During the Great Society, the marble cake approach of intergovernmental relations
Fiscal Federalism
Through different grant programs, slices up the marble cake into many different pieces, making it even more difficult to differentiate the functions of the levels of government.
Linkage Institutions
The means by which individuals can express preferences regarding the development of public policy
Photo Ops
Photo opportunities set up by the candidates. The media have been accused of simplifying complicated political issues by relying on photo ops to explain them to the public.
Sound Bites
30-second statements on the evening news shows. The media have been accused of simplifying complicated political issues by relying on sound bites to explain them to the public.
