Federalism Flashcards
Federalism
Government in which power is divided by a constitution between a central and regional governments
Implied powers
Powers derived from the necessary & proper clause of A1S8. Powers not specifically expressed but implied through expansive interpretation of delegated powers
Necessary and proper clause
Provides congress with authority to make all laws “necessary and proper” to carry out it’s expressed powers, also known as the “elastic clause”
Reserved powers
Derived from 10th amendment, powers not specifically delegated to the national government or denied to the states- Elections
Concurrent powers
Authority possessed by both state and national governments
Concurrent power examples
Levying taxes, spending, building roads, creating lower courts, regulating banks, granting licenses
Full Faith and Credit Clause
Article IV S1 requiring that the states normally honor the public acts and judicial decisions that take place in another state
Privileges and immunities clause
Article IV S2 states that a state cannot discriminate against someone from a different state or give its own residents special privileges
Dual federalism
System of government that most heavily prevailed from 1789 to 1937 where most fundamental powers were shared between the federal and state governments
Commerce clause
AI S8 expanded federal governmental control over the economy
Cooperative federalism
Type of federalism existing since the New Deal era in which grants-in-aid have been used to encourage states and localities to pursue nationally defined goals, more federal governmental involvement, intergovernmental cooperation
Regulated Federalism
A form of federalism in which congress imposes legislation on states and localities, requiring them to meet national standards
New federalism
Attempts by Nixon and Reagan to return power to the states through block grants
Block grants
Federal grants-in-aid that allow states considerable discretion in how the money is spent
Grants-in-aid
Congress provides money to state and local governments on the condition that the funds be employed by purposes outlined by the federal government
Categorical grants
Congressional grants given to states and localities on condition that expenditures be limited to a problem or group specified by law
Preemption vs devolution
Preemption- Principle allowing the national government to override state or local actions in certain policy areas
Devolution- Transferring responsibility for policy from federal governments to states and localities
General revenue spending
Usually national governments giving money to state governments for what they wish to spend money on
10th amendment
Reserves to the states the powers the constitution doesn’t specifically delegate to the national government
Federal powers
Declare war, conduct foreign policy, print money, necessary and proper, establish and maintain a military
State powers
Elections, police power, education
