Chapter 3: Federalism

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

the police power.

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

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

In which case did the Supreme Court create the potential for increased national power by ruling that Congress could, based on the necessary and proper clause, exercise powers "implied" by its delegated powers?

McCulloch v. Maryland

Which amendment to the Constitution states that the powers the Constitution does not delegate to the national government or prohibit to the states are "reserved to the states"?

Tenth Amendment

unitary system

a centralized government system in which lower levels of government have little power independent of the national government

regulated federalism

a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards

unfunded mandate

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

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

federalism

a system of government in which power is divided, by a constitution, between a central government and regional governments

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

New Federalism

attempts by Presidents Nixon and Reagan to return power to the states through block grants

concurrent powers

authority possessed by both state and national governments, such as the power to levy taxes

categorical grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law

The process of transferring responsibility for policy from the national level to the state level is known as

devolution.

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

dramatically expanded the definition of the commerce clause.

The relationship between the states and the national government during the majority of American history (from 1789 to 1937) can best be described as

dual federalism.

redistributive programs

economic policies designed to transfer income through taxing and spending, with the goal of benefiting the poor

To what does the term New Federalism refer?

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

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

Which term describes the division of powers and functions between the national government and lower levels of government?

federalism

The preferences of conservatives and liberals when it comes to federal versus state and local policy making can best be described as

fluid and situational: preferences of both conservatives and liberals vary by issue area, policy goal, and party control of different levels of government.

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

full faith and credit clause

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

home rule.

The value of categorical grants

increased from $51.5 billion in 1960 to approximately $630 billion in 2019.

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

it limited the federal government's power to impose conditions on state governments attempting to receive federal funding.

home rule

power delegated by the state to a local unit of government to manage its own affairs

police power

power reserved to the state government to regulate the health, safety, and morals of its citizens

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

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

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

preemption.

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

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

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

expressed powers

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

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

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

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

diffusion

the process by which policy decisions in one political jurisdiction are influenced by choices made in another jurisdiction

intergovernmental relations

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

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

When state and local governments conform to requirements imposed by the national government but do not receive funding for the expenditures required to fulfill them, they are complying with

unfunded mandates.