AP gov Unit 3

the national government provides grants from its general revenues to states, local governments, nonprofit organizations, and even individuals

(1) providing state and local governments with additional funds (2) setting national standards for national problems, such as clean air and water (3) attempting to financially equalize rich and poor states and localities

Carter

= A document that, like a constitution, specifies the basic policies, procedures, and institutions of local government. Charters for local governments must be approved by state legislatures · States issue charters that establish the authority and procedures defining a municipality, and all amendments to these charters require approval by state governments

interstate compacts

= Contracts between states that carry the force of law; now used as a tool to address multistate policy concern

programatic requests

= Federal funds designated for special projects within a state or congressional district · not competitively awarded become very controversial owing to the use of paid political lobbyists who try to secure federal funds for their clients, be they states, cities, universities, or nonprofit groups

Preemption

A concept that allows the national government to override state or local actions in certain policy areas

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Amendment to the U.S. Constitution that authorized Congress to enact a national income tax

block grant

A large grant given to a state by the federal government with only general spending guidelines · these reforms were popular with governors, who urged the consolidation of even more programs into block grants

progressive federalism

A pragmatic approach to federalism that views relations between national and state governments as both coercive and cooperative · federal government is able to reach consensus and establish a national standard allows policy makers to achieve their goals gradually and encourages states to act as what U.S. Supreme Court Justice Louis Brandeis called "laboratories of democracy ·

Dillon's Rule

A premise articulated by Judge John F. Dillon in 1868 which states that local governments do not have any inherent sovereignty and instead must be authorized by state governments that can create or abolish them.

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. -The belief that having separate and equally powerful levels of government is the best arrangement, often referred to as layer-cake federalism · Adherents of this theory typically believe that the national government should not exceed its constitutionally enumerated powers, and as stated in the Tenth Amendment, all other powers are, and should be, reserved to the states or to the people.

Seventeenth Amendment

Amendment to the U.S. Constitution that made senators directly elected by the people, removing their selection from state legislatures

Privileges and Immunities Clause

Article IV, guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states

extradition clause

Article IV, requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial

Full Faith and Credit Clause

Article IV, that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state · facilitating trade and other commercial relationships

Gibbons v. Ogden

Commerce clause case (1824). Decision greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity. Pair with Lopez & Morrison cases (limiting commerce power). -The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. · Supreme Court ruled that Congress's power to regulate interstate commerce included the power to regulate commercial activity as well, and that the commerce power had no limits except those specifically found in the Constitution.

New Federalism

Federal-state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments.

categorical grant

Funds provided for a specific and clearly defined purpose. · allocate federal dollars by a precise formula, often based on population · used by the national government to alter states' policy priorities or to coerce states to adopt particular policy objectives

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government -The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers. · Marshall addressed whether any state government could tax a federal bank · Constitution specifically called for the national law to be supreme. "The power to tax involves the power to destroy · Lawmakers use the necessary and proper clause to justify federal action in many areas, including social welfare problem

Unity system

System of government in which the local and regional governments derive all authority from a strong national government - made both the state and the federal governments accountable to the people

federal system

System of government in which the national government and state governments share power and derive all authority from the people · Used to fix problems from Articles

Dred Scott v. Sandford (1857)

The Supreme Court concluded that the U.S. Congress lacked the constitutional authority to bar slavery in the territories. This decision narrowed the scope of national power, while it enhanced that of the states. -The Supreme Court concluded that the U.S. Congress lacked the constitutional authority to bar slavery in the territories. This decision narrowed the scope of national power, while it enhanced that of the states. · Supreme Court ruled 7-2 that Scott was not a citizen of the United States. "Slaves," said the Court, "were never thought of or spoken of except as property." The Court also found that Congress lacked the authority to ban slavery in the territories · decision narrowed the scope of national power, while it enhanced that of the states

Barron v. Baltimore (1833

The Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone. · Marshall Court ruled that Barron had no federal claim because enumerated rights contained in the Bill of Rights bound only the national government

county

The basic administrative unit of local government · counties have very broad responsibilities and are used by state governments for welfare and environmental programs, courts, and the registration of land, births, and deaths

Cooperative Federalism

The intertwined relationship between the national, state, and local governments that began with the New Deal, often referred to as marble-cake federalism

New Deal

The name given to the program of "Relief, Recovery, Reform" begun by President Franklin D. Roosevelt in 1933 to bring the United States out of the Great Depression

Tenth 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. The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people

implied powers

The powers of the national government derived from the enumerated powers and the necessary and proper clause. · Allowing the new national government to collect tariffs, or taxes on imported goods, was one way to assert this power · Article VI says the national government is supreme in situations of conflict between state and national law

Enumerated Powers

The powers of the national government specifically granted to Congress in Article I, section 8 of the Constitution. · Chief among these exclusive powers of the national government are the authorities to coin money, conduct foreign relations, provide for an army and navy, and declare war · contains the necessary and proper clause, elastic clause, gives Congress the authority to enact laws "necessary and proper" for exercising any of its enumerated powers

Nullification

The right of a state to declare void a federal law

Confederation

Type of government in which the national government derives its powers from the states; a league of independent states

bill of attainder

a law declaring an act illegal without a judicial trial, Neither national nor state governments may pass

Municipalities

city governments created in response to the emergence of relatively densely populated areas. · County and municipal boundaries may overlap. State actions have merged city and county into a consolidated government in several areas

special district

local government restricted to a particular function · districts exist for services such as libraries, sewage, water, and parks and are governed through a variety of structures

Concurrent Powers

powers shared by the national and state governments · Right to tax within nation gov, rights to borrow money, establish courts, charter banks, and spend money for the general welfare

reserved powers

powers that the Constitution does not give to the national government that are kept by the states -Powers reserved to the states by the Tenth Amendment that lie at the foundation of a state's right include the ability to legislate for the public health, safety, and morals of their citizens -· form the basis for state criminal laws, including those concerning the death penalty

unfunded mandates

prevented Congress from passing costly federal programs without debate on how to fund them and addressed a primary concern of state governments, many of which held the view that federal programs were encompassing a growing part of their state budgets and were in violation of their sovereign policy-making authority many states charge the national government with continuing to create federal programs with insufficient funding

Towns

smaller communities, often run by a mayor and town council

ex post facto laws

those that make an act punishable as a crime even if the action was legal at the time it was committed

To avoid any sense of favoritism...

· disputes between states are settled directly by the U.S. Supreme Court mandated by Article III

process of incorporation

· which bound state governments to the provisions of the U.S. Constitution, many of these decisions had the result—intended or not—of expanding federal power at the expense of subnational units