Federalism Flashcards
Federalism
a system of government in which power is divided, by a constitution, between a central government and regional governments
unitary system
a centralized government system in which lower levels of government have little independence of the national government
federal system
a system of government in which the national government shares power with lower levels of government, such as states.
expressed powers
specific powers granted by the Constitution to Congress(Article I, Section 8) and to the President(Article II)
implied powers
powers derived from the necessary and proper clause of Article I Section 8 of the constitution. Such power are not specifically expressed but are implied through the expansive interpretation of delegated powers
necessary and proper clause
Article I, Section 8 of the Constitution, it provides Congress the authority to make all laws “necessary and proper” to carry out all expressed powers.
reserved powers
powers derived from the Tenth Amendment to the Constitution, that are not specifically designated to the national government or denied to the states
police power
power reserved to the state government to regulate the health, safety, and morals of its citizens
concurrent powers
authority possessed by both state and national governments, such as the ability to levy taxes
full faith and credit clause
provision from Article IV, Section 1 of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state
privileges and immunities clause
provision from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special priviliges
home rule
power delegated by the state to a local unit of government to manage its own affairs
dual federalism
the system of government that prevailed in the US from 1789 to 1937, in which most fundamental government powers were shared between the federal and state governments
commerce clause
Article I, Section * which delegates to congress the power to regulate commerce with foreign nations and among the several states and with the Indian tribes. This clause was interpreted by the supreme court in favor of national power over the economy
states’ rights
the principle that the states should oppose the increasing authority of the national government. This principle was popular in the period before the civil war
devolution
a policy to remove a program from level of government by delegating it to a lower level of government, such as from the national government to the state and local governments
grants-in-aid
programs through which congress provides money to the state and local governments on the condition y=that the funds be employed for the purposes defined by the federal government
categorical grants
congressional grants given to state and localities on the condition that expenditures be limited to a problem or group specified by law
project grants
grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
formula grants
grants-in-aid in which a formula is used to determine the amount of federal funds a state of local government will recieve
cooperative federalism
a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals. Also known as “intergovernmental cooperation”
regulated federalism
a form of federalism in which Congress imposes regulations on state and localities, requiring them to meet national standards
preemption
the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack
unfunded mandates
regulations or conditions for receiving grants that impose costs on a state and local government for which they are not reimbursed by the federal governmetn
