Unit 2: Federalism
Unitary System
A centralized governmental system in which local or sub divisional governments exercise only those powers given to them by the central government. Great Britain is an example of a unitary government. Individual British countries do not have the kind of power commonly exercised by American states.
Horizontal Control
A check against the expansion of government power that relies on checks and balances between branches of government on the same level.
Implied Preemption
A federal law or regulation contains language that conflict with state or local laws- federal law takes precedent. Warning labels on cigarettes is an example.
Ex Post Facto Law
A law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. (Latin for "From after the action" or "after the facts") The Congress is prohibited from passing these types of laws by clause 3 of Article 1, Section 9 of the Constitution. Not all retroactive laws are held as unconstitutional. For example, the Domestic Violence Offender Gun Ban, where any one convicted of misdemeanor domestic-violence offences are not allowed to possess firearms and can now be sentenced to up to ten years in a federal prison if they are found with one. This holds true regardless of whether the weapon was legally possessed when the law was passed.
New Federalism
A political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states. Nixon advocated for what he called New Federalism, which in part, involved the conversion of categorical grants into block grants, thereby giving states greater flexibility in spending. Second part of Nixon's new federalism was revenue sharing. Under revenue sharing plan, the national govt provided direct, unconditional financial support to state and local govts. Reagan also strong advocate of new federalism but some of his policies withdrew certain financial support from states.
Federal Mandate
A requirement in federal legislation that forces states and municipalities to comply with certain rules. They are orders that induce responsibility, action, procedure or anything else that is imposed by constitutional, administrative, executive, or judicial action for state and local governments and/or the private sector. The National Drinking age of 21 is a Federal mandate and states that complied received funding for highways.
Unfunded Mandates
A statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements. Public individuals or organizations can also be required to fulfill public mandates. For example, the Voting Rights Act of 1965 required certain states to change the way that they operated their voting process, in order to ensure that African Americans were being given the opportunity to vote. (NOTE: AP test questions have focused on fairness of unfunded mandates.)
Vertical Control
A structural check against the accumulation of too much power and anyone level of government (national or state.)
Confederal System
A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states. The United State under the Articles of Confederation was a Confederal system.
Dual Federalism
A system in which the states and the national government each remains supreme within its own sphere. Neither the state government nor the national government should interfere in the other's sphere. Also referred to as Layer Cake Federalism, national govt is top layer of the cake, state govt is the bottom layer. The two layers are physically separate they do not mix. For most part, advocates believed that the state and national govts should not exercise authority in the same areas. This type of federalism seen from about 1789-1937.
Federalism
A system of government in which power is divided by a written constitution between a central government and regional or sub divisional governments. Each level must have some domain in which its policies are dominant and some genuine constitutional guarantee of its authority.
Grants-in-aid
A transfer of money from the federal government to a state government, local government or individual person for the purposes of funding a specific project or program. Grant-in-aid can be awarded to a university faculty member to pursue a particular line of research, but there will be restrictions, which will vary by grant, on how the money can be used.
Project Grants
A type of categorical grant. Projects are grants given by the federal government to state and local governments on the basis of merit. The other type of categorical grant is a formula grant. The Department of Education's 'Race to the Top' was an example of Project Grants. States had to demonstrate their ability to hire great teachers to improve student achievement and state standards, with the possibility of being awarded up to 500 million dollars.
Interstate Compact
An agreement between two or more states. Agreements on minor matters are made without congressional consent, but any compact that tends to increase the power of the contracting states relative to other states or relative to the national government generally requires the consent of Congress. Such compacts serve as a means by which states can solve regional problems. (Article 1 Section 10)
Interstate Commerce
Any work involving or related to the movement of persons or things (including intangibles, such as information) across state lines or from foreign countries.
Extradition
Article 4, Section 2, Clause 2. To surrender an accused or convicted criminal to the authorities of the state from which he or she has fled; to return a fugitive criminal to the jurisdiction of the accusing state. If someone commits a serious crime, such as murder, in Kentucky, and then drives to Tennessee, Kentucky puts out a warrant for their arrest and notifies Tennessee that there is possibly a fugitive in their state. If this person then gets pulled over and arrested for drinking and driving, Tennessee would notify Kentucky of their arrest. Kentucky would then demand this person's return and due to extradition, Tennessee would return this person to Kentucky to face prosecution for murder.
Elastic Clause, or Necessary and Proper Clause
Article I, Section 8, "The Congress shall have power ...To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." The clause gives Congress all those powers that can be reasonably inferred but that are not expressly stated in the brief wording of the Constitution. A perfect example of this is U.S. Supreme court case, McCulloch v. Maryland, which would turn into the on going debate of the national bank. In 1791 the federal Gov't created a national bank. The Constitution doesn't expressly give Congress the power to create a national bank. However, the SC relied on the NP Clause and allowed creation of a national bank. NP clause/elastic clause allows Congress powers to grow and expand and allows Constitution to remain flexible and adaptable with the times. Through this concept, the national govt has succeeded in strengthening the scope of its authority to meet the numerous problems that the framers of the Constitution did not, and could not, anticipate.
Categorical Grants
Federal grants to states or local governments that are for specific programs or projects. Catagorical grants are one method of implementing Cooperative Federalism. Examples include Medicaid (health care for poor), high construction or unemployment benefits. Congress prefers Categorical Grants because expenditures can be targeted according to congressional priorities. Grants have increased significantly because Congress has devolved control of some programs while continuing to provide major funding for them. This allows states to customize implementation, which increases effectiveness and efficiency. Through grants federal government is able to exercise substantial control over matters traditionally under purview of state governments
Block Grants
Federal programs that provide funds to state and local govts for general functional areas, such as criminal justice or mental health programs. Block grants are one method of implementing Cooperative Federalism. Block grants lessen the restriction on federal grants given to state and local govt by grouping several categorical grants under one broad heading. Governors prefer block grants because states have more flexibility in how money is spent. The Temporary Assistance to Needy Families Act, 1996, provided a welfare block grant to each state. Through grants, fed govt is able to exercise substantial control over matters traditionally under purview of state govts.
New Judicial Federalism
In cases where a state constitution provide more civil rights and liberties and the minimum standard found in the US Constitution you a Supreme Court has permitted state judges to base their rulings on their state constitution.
Commerce Clause
In the Constitution (Article 1, Section 8), Congress is given the power to regulate foreign/interstate commerce. Even though the Constitution does not express a clear definition for foreign/interstate commerce, Congress uses the commerce clause as justification for the passing of thousands of laws that deal with the commerce. Congress' commerce clause is the most challenged of the powers in Court.
Implied Powers
In the United States, those powers authorized by a document (from the Constitution) that, while not stated, seem to be implied by powers expressly stated. Includes all powers justified by Elastic clause/NP clause. The Bank, although the constitution doesn't say that congress has the right to make a bank, its defenders have claimed that it is necessary to carry out Congress's power to collect taxes.
Express Powers/Enumerated Powers
Powers expressly delegated to the national government found in Article 1 Section 8 of the Constitution. Congress's ability to collect taxes, declare war and raise armies, or the President's ability to grant pardons, appoint Supreme Court justices and negotiate foreign treaties are some of its enumerated powers.
Concurrent Powers
Powers held jointly by the national and state governments. For example the power to tax, build roads, establish bankruptcy laws, and to create lower courts. Both federal and state governments have the power to impose these.
Inherent Powers
Powers that Congress and the president need in order to get the job done right. Although not specified in the Constitution, they are reasonable powers that are a logical part of the powers delegated to Congress and the president. Executive orders, such as when President Barack Obama used executive orders to raise the federal minimum wage for government workers, are one type of inherent power that the president has.
Conditions of Aid
Terms set by the national government that states must meet if they are to receive certain federal funds. Education is again a good example. Federal gov't doesn't have to provide money to states for education, but they do in order to ensure that states meet the national Board of Education's standards.
Police Power
The authority to legislate for the protection of the health, morals, safety, and welfare of the people. In the United States, most police power is reserved to the states, under the 10th amendment. Common examples of this are zoning, building codes and rent control.
Supremacy Clause
The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. In McCulloch v. Maryland. The Court held that Maryland could not constitutionally tax the operations of the Bank of the United States, since that was a federal power
Revenue Sharing
The distribution of a portion of federal tax revenues to state and local governments.
Devolution Revolution
The effort to slow the growth of the federal government by returning many functions to the states. It was an era of politics where federal programs were downsized and state responsibilities were increased (supported by Presidents like Nixon and Reagan). Programs such as Social Security and Medicare remain mostly the same.
Reserved Powers (10th Amendment)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (Powers which are not "enumerated")
States Rights
The rights and powers held by individual US states rather than by the federal government. States rights are constantly a debate through American history, through the revolutionary war, through the civil war; it defines the difference between Federalists and Anti-Federalists.
Formula grants
The specified formula is a rule that tells potential recipients precisely how they can calculate the quantity of aid to which they are entitled under the provisions of law, as long as the recipient qualifies for such assistance under the stipulations of the program. Many of these are given by the U.S. Department of Education.
Devolution
The transfer of powers from a national or central government to a state or local government In 1996 welfare reforms were created, allowing states to spend federal grants at their discretion. President Nixon ("New Federalism") and Reagan both wanted to slowly return power to the states.
Cooperative Federalism
Theory of federalism, states and national government should cooperate in solving problems. Also referred to as "marble cake". Federalism. Examples are FDR's new deal and AFDC (Aid to Families with Dependent Care - provides financial assistant to families and is funded by federal government but is administered by the states). Several methods of implementing cooperative federalism, which include categorical grants, block grants, and federal mandates.
Full Faith and Credit Clause
This section of the Constitution requires states to recognize one another's laws and court decisions. It ensures that right established under deeds, wills, contracts, and other civil matters in one state would be honored by other states.
Intrastate Commerce
Trade, traffic, or transportation exclusively in your business's domicile state.
Privileges and Immunities
Under Article IV, "citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Clause indicates that states are obligated to extend to citizens of other states protection of the laws, right to work, access to courts, and other privileges they grant their own citizens. States may not discriminate against one another's citizens.The first Privileges and Immunities clause is found in article IV, the second in the Fourteenth amendment, both push for equal treatment of citizens.
Express Preemption
When Congress states clearly in a federal law that it intends to supersede related state laws. The Supremacy Clause is what allows Congress to do this, "This Constitution, and the laws of the United ... under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
Eras Of federalsim
http://usa.usembassy.de/etexts/gov/federal.htm Too complecated to cover over a single quizlet card
Court Cases
https://docs.google.com/document/d/1y78YpcqpI32DCYl9_pm8SrgCuWH-dOosOPei2tobt3M/edit?usp=sharing Also too complicated
