POS ch 3

block grants

Federal grants‐in‐aid that allow states considerable discretion in how the funds are spent. (78)

reserved powers

Powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states. (64)

unitary system

A centralized government system in which lower levels of government have little power independent of the national government. (63)

How much larger are federal grants-in-aid in 2019 than they were in 1960?

.more than ten times larger

commerce clause

Article I, Section 8, of the Constitution, 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. (72)

necessary and proper clause

Article I, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers. (64)

New Federalism

Attempts by Presidents Nixon and Reagan to return power to the states through block grants. (78)

concurrent powers

Authority possessed by both state and national governments, such as the power to levy taxes. (66)

Regulated federalism is a form of federalism in which

Congress imposes legislation on states and localities, requiring them to meet national standards.

categorical grants

Congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law. (74)

Why is John Marshall important in the history of American federalism?

He authored many of the early Supreme Court cases that confirmed broad powers for the federal government.

What impact did the creation of the federal Medicaid program have on federal grants-in-aid?

Medicaid has a significant effect; federal grants-in-aid more than doubled in the decade following its enactment and were five times higher by 2005.

What is the main function of the privileges and immunities clause of Article IV?

It prevents states from discriminating against nonresidents.

Why was United States v. Lopez (1995) important?

It was the first time since the New Deal that the Supreme Court limited Congress's commerce clause powers.

home rule

Power delegated by the state to a local unit of government to manage its own affairs. (67)

police power

Power reserved to the state government to regulate the health, safety, and morals of its citizens. (64)

grants‐in‐aid

Programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government. (74)

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. (66)

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 privileges. (67)

expressed powers

Specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II). (64)

What was the overall importance of McCulloch v. Maryland (1819)?

The Court allowed Congress to use the necessary and proper clause to broadly interpret its delegated powers

How did dual federalism help to establish a "commercial republic"?

The function of the federal government was to promote and assist commerce.

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. (76)

What is one of the biggest problems with federal block grants?

There is a need for greater accountability in how the funds are actually spent by the states.

In the 70 years following the Civil War, the Supreme Court interpreted the Constitution in a way that

allowed entrepreneurs to benefit from policies promoting commerce but shielded them from regulations that protected consumers and workers.

If the federal government passed a law that did not provide money to state and local governments but required them to construct wheelchair lifts at all train stations, it would be an example of

an unfunded mandate.

Federal officials seeking to give states more authority are most likely to support

block grants.

The ability to charter banks is an example of a ________ power.

concurrent

The 2001 No Child Left Behind Act

expanded the federal government's authority over public education.

The United States, Canada, and Switzerland are all ________ systems of government, while France is a ________ system of government.

federal; unitary

During the first 150 years under the Constitution, the federal government was

focused narrowly on taking actions to assist commerce and encourage economic development.

The fact that state governments are required to enforce restraining orders placed on stalkers and batterers in other states is a result of the

full faith and credit clause of the Constitution.

Imagine that Congress has recently passed a new law affecting health care coverage for Americans. While the Constitution does not specifically mention health care, members of Congress might argue that their ________ powers include regulating health care coverage.

implied

Potholes and issues with sidewalks are most often considered a(n)

local issue.

The principle of ________ gives the federal government the power to override any state or local law in one particular area of policy.

preemption

Which of the following is a good example of how state governments use their police power?

providing professional licenses to barbers and hair stylists

Before the Great Depression

state and local governments took responsibility for assisting the poor, usually by channeling aid through private charity.

The principle that the states should oppose the increasing authority of the national government is referred to as

states' rights.

States are required to return fugitives to other states from which they have fled by the Constitution's

the comity clause

Which clauses of the U.S. Constitution involve the relationships between and among the various states?

the full faith and credit clause and the privileges and immunities clause

The constitutional idea of states' rights was strongest during which historical period?

the years immediately preceding the Civil War

regulated federalism

A form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards. (75)

unfunded mandate

A law or regulation requiring a state or local government to perform certain actions without providing funding for fulfilling the requirement. (79)

devolution

A policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments. (78)

federalism

A system of government in which power is divided, by a constitution, between a central government and regional governments. (63)

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 (without commanding them) to pursue nationally defined goals; also known as intergovernmental cooperation. (74)

implied powers

Powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers. (64)

states' rights

The principle that the states should oppose the increasing authority of the national government; this principle was most popular in the period before the Civil War. (77)

general revenue sharing

The process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments. (78)

intergovernmental relations

The processes by which the three levels of American government (national, state, local) negotiate and compromise over policy responsibility. (63)

dual federalism

The system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments. (70)