Chapter 3

Preemption

A concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas.

Bill of Attainder

A law declaring an act illegal without a judicial trial.

How did a New Federalism return power to the states?

After his election in 1980, Ronald Reagan tried to shrink the size and powers of the federal government through what he termed New Federalism. This trend continued through the 1990s, most notably through the Contract with America. Initially, George W. Bush's administration seemed committed to this devolution, but the September 11, 2001 terrorist attacks led to substantial growth in the size of the federal government.

Concurrent powers

Authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law.

Sixteenth Amendment

Authorized Congress to enact a national income tax.

Block Grant

Broad grant with few strings attached; given to states by the federal government for general categories of activity, such as secondary education or health services.

Interstate Compacts

Contracts between states that carry the force of law; generally now used as a tool to address multi-state policy concerns.

What effect did the Marshall Court have on federalism?

Early on, the Supreme Court played a key role in defining the relationship and powers of the national government through its broad interpretations of the supremacy and commerce clauses.

New Federalism

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

What was the role of dual federalism before and after the Civil War?

For many years, dual federalism, as articulated by the Taney Court, tended to limit the national government's authority in areas such as slavery and civil rights, and was the norm in relations between the national and state governments. However, the beginnings of a departure from this view became evident with the ratification of the Sixteenth and Seventeenth Amendments in 1913.

Categorical Grant

Grants that allocated federal funds to states for a specific purpose.

Ex Post Facto Law

Law that makes an act punishable as a crime even if the action was legal at the time it was committed.

Seventeenth Amendment

Made senators directly elected by the people; removed their selection from state legislatures.

Unfunded Mandates

National laws that direct state or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain little or no federal funding to defray the cost of meeting these requirements.

Privileges and Immunities Clause

Part of Article 4 of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

Extradition Clause

Part of Article 4 of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.

Supremacy Clause

Portion of Article 6 of the Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government.

Implied Powers

Powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

Reserve (or police) Powers

Powers reserved to the states by the Tenth Amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens.

Full Faith and Credit Clause

Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

Enumerated Powers

Specific powers granted to Congress under Article 1, section 8, of the Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense.

Unitary System

System of government where the local and regional governments derive all authority from a strong national government.

Federal System

System of government where the national government and state governments share power, derive all authority from the people, and the powers of the government are specified in a Constitution.

How have Supreme Court rulings created reform through a new judicial federalism?

The Rehnquist and Roberts Courts have redefined the parameters of federalism. While many of the decisions rendered in the 1990s supported stats' rights, several recent decisions have expanded the powers of Congress. Thus, the Court has set an ambiguous course in determining the definition and role of federalism.

Gibbons v. Ogden (1824)

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.

McCulloch v. Maryland (1819)

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.

Dual Federalism

The belief that having separate and equally powerful levels of government is the best arrangement.

Elastic Clause

The final paragraph of Article 1, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause.

Necessary and Proper Clause

The final paragraph of Article 1, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause.

Tenth Amendment

The final part of the Bill of Rights that defines the basic principle of American federalism in stating: "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 the the people."

Cooperative Federalism

The intertwined relationship between the national, state and local governments that began with the New Deal.

What are the roots of the federal system and how does the U.S. Constitution allocate governmental powers?

The national government has both enumerated and implied powers under the Constitution. An additional group of concurrent powers are shared by national and state governments. Other powers are reserved to the states or the people or expressly denied to both governments, although the national government is ultimately declared supreme. The Constitution also lays the groundwork for the Supreme Court to be the arbiter in disagreements between the states.

What was the role of cooperative federalism during the New Deal and the growth of the national government?

The notion of a limited federal government ultimately fell by the wayside in the wake of the Great Depression and Franklin D. Roosevelt's New Deal. This growth in the size and role of the federal government escalated during the Lyndon B. Johnson administration and into the mid to late 1970s. Federal grants became popular solutions for a host of state and local problems.

Sovereign Immunity

The right of a state to be free from a lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all states are considered sovereign.

Confederation

Type of government where the national government derives its powers from the states; a league of independent states.