Chapter 3

Police Power

A state's authority to regulate the health, safety, welfare, and morals of its citizens

Grants-in-aid

whereby Congress appropriates money to state and local governments on the condition that the money be spent for a particular purpose defined by Congress

In 1937 the Supreme Court laid the groundwork for a stronger federal government by issuing a number of decisions that

(B) dramatically expanded the definition of the commerce clause.

The value of categorical grants

(B) increased from $2.3 billion in 1950 to approximately $675 billion in 2016.

The Supreme Court's decision in National Federation of Independent Business v. Sebelius was significant because

(B) it limited the federal government's power to impose all-or-nothing conditions on state governments attempting to receive federal funding.

Devolution

Transferring responsibility for policies from the federal government to state and local governments.

States' rights

which in their extreme version claimed that the states did not have to submit to national laws whenever they believed the national government had exceeded its authority.

The process of returning more of the responsibilities to governing from the national level to the state level is known as

(A) devolution

Many states have amended their constitutions to guarantee that large cities will have the authority to manage local affairs without interference from state government. This power is called

(A) home rule

The principle that allows the federal government to take over areas of regulation formerly overseen by states or local governments is called

(B) Preemption

A state government's authority to regulate the health, safety, and morals of its citizens is frequently referred to as

(B) The Police Power

Which term describes the division of powers between the national government and the state governments?

(C) Federalism

Which amendment to the Constitution states that the powers not delegated to the national government or prohibited to the states were "reserved to the states?"

(C) Tenth Amendment

The relationship between the states and the national government from 1789 to 1937 is known as

(C) dual federalism

In which case did the Supreme Court create the potential for increased national power by ruling that Congress could use the necessary and proper clause to interpret its delegated powers broadly?

(D) McCulloch v. Maryland

When state and local governments must conform to costly federal regulations or conditions in order to receive grants but do not receive reimbursements for their expenditures it is called

(D) Unfunded Mandate

To what does the term New Federalism refer?

(D) efforts to return more policy-making discretion to the states through the use of block grants

Which constitutional clause requires that states normally honor the public acts and judicial decisions of other states?

(E) Full Faith and credit clause

Dual Federalism

Two layers of gov. national and state; A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

home rule

power delegated by the state to a local unit of government to manage its own affairs; larger cities get homerule- guarantee of noninterference in various areas of local affairs.

Concurrent powers

powers shared by the national and state governments; whereby they retain and share some power to regulate commerce and affect the currency- Where there is direct conflict of laws the issue will most likely be resolved in favor of the national gov.

Redistributive Programs

programs designed primarily for the benefit of the poor

Unitary System

the central government makes the important decisions and lower levels of government have little independent power and primarily implement decisions made by the central government.

Federalism

the division of powers and functions between the national government and the state governments.

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; Revenue sharing provided money to local governments and counties with no strings attached; localities could spend the money as they wished.

Commerce Clause

Article I, Section 8; That article enumerates the powers of Congress, including the power to tax, raise an army, declare war, establish post offices, and "regulate commerce with foreign nations, and among the several States and with the Indian tribes." This commerce clause would later form the basis for expansive federal government control over the economy, but its scope initially remained unclear.

Implied Powers

Article I, Section 8; enables Congress 'to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers."

Full Faith and Credit Clause

Article IV, Section 1 calls for "Full Faith and Credit" among states, meaning that each state is normally expected to honor the "Public Acts, Records, and Judicial Proceedings" that take place in any other state. So, for example, if a person has a restraining order placed on a stalker or batterer in one state, other states are required to enforce that order as if they had issued it.

Privileges and Immunities Clause

Article IV, Section 2, known as the "comity clause," also seeks to promote national unity. It provides that citizens enjoying the privileges and immunities of one state should be entitled to similar treatment in other states. States cannot discriminate against someone from another state or give special privileges to its own residents.

Block Grants

Block grants are federal grants that allow the states considerable leeway in spending federal money

Reserved Powers

The 10th Amendment also called the "reserved powers amendment" aims to reserve powers to the states.

Expressed Powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; Article I, Section 8 of the constitution; 17 powers include the power to collect taxes, coin money, declare war, and regulate commerce.

Unfunded Mandates

a law or regulation requiring a state or local government to perform certain actions without providing funding for fulfilling the requirements;

New Federalism

attempts by presidents Nixon and Reagan to return power to the states through block grants; grants imposed some conditions on states and localities as to how the money should be spent, but not the narrow regulations contained in categorical grants.

Categorical grants

the national government determines the purposes, or categories, for which the money can be used.

Regulated Federaism

national government began to set standards of conduct or to require the states to set standards that met national guidelines. The effect of these national standards is that state and local policies in the areas of environmental protection, social services, and education are more uniform from coast to coast than are other nationally funded policies

Preemption

occurs when state and local actions are found to be inconsistent with federal requirements; occurs when a federal law supersedes or overrides a similar state law

Diffusion

policy decisions in one political jurisdiction are influenced by choices made in another jurisdiction; policy diffusion

Cooperative Federalism

political scientist Morton Grodzins characterized this as a move from "layer cake federalism" to "marble cake federalism,"23 in which intergovernmental cooperation and sharing have blurred a once-clear distinguishing line, making it difficult to say where the national government ends and the state and local governments begin