Federalism Flashcards
“Full faith and credit”
-states have to respect the public acts, records, and judicial proceedings of every other state.
Federalism
-a political system in which ultimate authority is shared (divided in reality) between a central government and state or regional government.
“Privileges and immunities”
-a state may not discriminate against citizens from another state.
Necessary and proper clause
-(art.1, sec.8) authorizes congess to pass all laws “necessary and proper” to carry out the enumerated (listed) powers. (Implied)
Nullification
-states had the right to “nullify” (declare null and void) a federal law that, in the states’ opinion, violated the constitution.
(no longer exist; ended in the civil war)
Dual Federalism
-national (federal) government and state government each have defined areas of authority.
(died in the 1930’s, during the Great Depression)
Sovereignty
-supreme or ultimate political authority; legally and politically independent of any other government.
Devolution
-the transfer of power to a lower level (federal to state).
Police power
-the power of the states to promote health, safety, and morals. (10th amendment)
Initiative (petition)
- a procedure allowing voters to submit a proposed law to a popular vote by obtaining a required number of signatures. (issue a ballot)
Referendum
-the practice of submitting a law to a popular vote at election time (vote yes or no); voter’s initiative ( a petition) or legislature.
Recall
-procedure whereby the voters can vote to remove an elected official from office. (not in all states)
Commerce
-trade and money
Block grants
-federal grants that a state can allocate (distribute) to a wide range of services.
(most favored b/c the state can spend the money on whatever they like)
Categorical grants
-federal grants which are spent for specific purposes; would be given along with guidelines and extensive restrictions.
Grant-in-aid
-federal grants to subsidize a public project
Conditions of aid
-terms set by the national government that states must meet if they are to receive certain federal funds.
Mandates
-terms set by the national government that states must meet whether or not they accept the federal grant. (Least favored)
Doctrine of Preemption
-once the federal government takes a field, states must comply; states may exceed federal standards but not fall below it.
Delegated powers
-Article 1-Article 5; enumerated (listed) powers specifically given to the national government.
Implied powers
-“necessary and proper” clause, elastic clause (synonyms); must be affiliated with an enumerated power.
Concurrent powers
-powers such as the right to tax, borrow money, establish courts, and make and enforce laws exist in both federal and state government.
Reserved power
-powers belonging to the state (same as police power, 10th amendment, and article 4).
Prohibited power
-powers that are denied to the national and state government. (article 9 & 10).
