Chapter 3 (TOPIC 3 Federalism) Flashcards
Ad hoc federalism
The process of adopting a state centered or nation-centered view of federalism on the basis of political ideology.
A form of federalism that is only used when it is convenient for one of the parties involved.
Block Grants
Provide funds for a general policy area, but they allow states and localities (greater discretion) (choice) than /categorical grants/ in designing the programs being funded.
Categorical Grants
Programs that only provide funds for a defined area of activity, such as education or public housing, but also specify how the programs are to be carried out.
Confederation
The central government is not sovereign (The most powerful). In other words, it receives NO direct GRANT of POWER from CITIZENS.
Cooperative federalism
Recognizes an overlap in state and national responsibilities. State and federal governments have to work together, coordinating their actions to serve and respond to the needs of citizens.
Concurrent powers
Powers that are shared by BOTH the federal government and the state government. EXAMPLES; Power to tax, build roads, create lower courts.
Crossover sanction
CONDITIONS placed on the receipt OF GRANT MONEY that have nothing to do with the original purpose of the grant.
Federal orders in which the national government pulls or threatens to PULL FUNDING from one-state related EXPENSE because of an UNRELATED OFFENSE.
Devolution
An attempt to move power from federal governments to STATE government.
Dual Federalism
Views the (federal) and (state governments) as independent /sovereign powers/ with separate and distinct jurisdictions. –> sovereign means having power and being autonomous, free, and independent. These distinct jurisdictions are separate and well defined.
Elastic clause
U.S constitution (Article I, Section 8) granting congress the power to pass all laws necessary and proper to carry out the enumerated list of powers.
Enabling Act
AUTHORIZED the RESIDENTS of the TERRITORY to DRAFT a STATE CONSTITUTION and hold a REFERENDUM to APPROVE it.
Enumerated powers
powers that are specifically stated and defined in the constitution.
Federalism
a political system in which regional governments share power with the national government. Primary feature of the Constitution.
Full Faith and Credit Clause
The Full Faith and Credit Clause—Article IV, Section 1, of the U.S. Constitution—provides that the various STATES MUST recognize LEGISLATIVE ACTS, PUBLIC RECORDS, and JUDICIAL DECISIONS of the OTHER STATES within the United States.
The Full Faith and Credit Clause ensures that no matter the DIFFERENCES among STATE LAWS, those laws are still RESPECTED in OTHER STATES.
General Revenue Sharing
a type of grant that originated in the early 1970s that comes with no strings attached. The federal government gives money to states and localities to use as they wish
grants-in-aid
The form of federal grants switched from land to cash, and instead of being once-only gifts, the grants came in the form of continuing appropriations.
interstate rendition
If a person ACCUSED OF A CRIME flees across state lines, the governor of the state to which he has fled shall DELIVER THE CRIMINAL BACK to the state with jurisdiction over the crime.
McCulloch V. Maryland
involved a dispute over whether the CENTRAL government had the power to create a national bank.
New Federalism
• Main policy of the new federalism plan (Nixon) was GENERAL REVENUE SHARING, which was popular with STATES and local government but /NOT/ with the FEDERAL government.
Nullification
the act of declaring a NATIONAL LAW null and void within a STATE’S borders.
Police power
the authority to pass laws for the health, safety, and morals of the citizens.
preemption
Cuts down on the freedom of individuals, especially business owners who must operate in the web of regulatory control.
INVALIDATION of us STATE LAW that conflicts with FEDERAL LAW. [OPPOSITE OF NULLIFICATION]–> THE FEDERAL LAW IS MORE POWERFUL THAT THE STATE IN THIS CASE.
“supreme law of the land”
Article VI declares that the U.S. constitution, laws passed by congress, and treaties made by the national government shall be the “supreme law of the land”.
unfunded mandates
provisions in federal statutes REQUIRING STATES and localities to take on CERTAIN RESPONSIBILITIES //without// covering any of the associated EXPENSES.
unitary system
- Only the central government is sovereign.
• Central government may create regional governments, but local units can exercise only the powers delegated and authorized by the central government.
• Central government retains MOST EXTENSIVE and IMPORTANT powers
