AP Gov Unit 1 sec. 3

Federalism

system of organizing governments in a nation so two or more levels of government (state/national) share formal authority over the same area/people

Intergovernmental Relations

interactions among national, state, and local governments (including regulations, transfers of funds, and sharing of information)

Unitary Government

all power resides in central government, regional government can only exercise allowed power, derive authority from states/constitution

Confederation

weak national government, most power resides in the hands of regional governments who give chosen powers to the national government, rare

Importance of Federalism

decentralizes politics (not all at national level), decentralizes policies (different states focus on different issues), and continues idea of separation of powers between state and national

Federalism Division of Power

defined powers of state and national governments with some overlap, stronger national government (compared to articles) but states are still vital component, supremacy clause, boundaries of national power, and judges are bound by constitution

Supremacy Clause

3 items that are the supreme law of the land (over state laws), ladder: Constitution, national government laws, treaties, state laws, local laws/constitutions; everything must agree with the "rungs" above it

National Government Boundaries

cannot usurp states' powers, 10th amendment "reserved powers clause"

Constitutional Truism

assertion that states have independent powers

National Supremacy

national policies take precedence over state policies, McCulloch V. Maryland, goes beyond enumerated powers

McCulloch V. Maryland

issue of state versus national power over national bank, court held that congress had certain implied powers in addition to power in constitution

Implied Powers

article 1 sec. 8, powers of federal government that go beyond those written in the constitution

Enumerated Powers

powers specifically stated in the constitution

Elastic Clause

authorizes Congress to pass all laws necessary and proper to carry out the enumerated powers

Gibbons V. Ogden

defines commerce very broadly to encompass nearly every form of commercial activity (gives national government more power), established power of congress to promote economic development

10th Amendment

powers not delegated to the U.S. by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

Brown v. Board of Education

rules school segregation as unconstitutional, part of civil rights movement towards equality

United States V. Lopez

ruled Federal Gun Free Schools Act as unconstitutional since it is not a part of interstate commerce and should be left up to the states, limited congress' commerce power

Federal Gun Free Schools Act

established a perimeter around any U.S. school where a gun could not be present

State Obligations in Federalism

full faith and credit, extradition, privileges and immunities

Full Faith and Credit

requires each state to recognize the public acts, records, and judicial proceedings of all other states

Extradition

legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed

Privileges and Immunities

provision of constitution according citizens of each state the privileges and rights of any state in which they happen to be

Dual Federalism

a system of government in which the states and the national government each remains supreme within their own spheres, each with different powers and policy responsibilities that don't overlap

Cooperative Federalism

a system of government in which states and the national government share powers and policy assignments

Devolution

transferring responsibility for policies from national government to state/local government (followed by repealing federal speed limits, etc.)

Fiscal Federalism

pattern of spending, taxing, and providing grants in federal system, cornerstone of the national government relations with state and local governments

Grants-In-Aid

federal funds appropriated by congress for distribution to state and local governments

Two Types of Federal Aid

categorical grants and block grants

Categorical Grants

main source, specific purposes of state and local spending, must apply, strings/regulations must be met, project or formula grants

Project Grant

competitive application, not everyone receives one

Formula Grant

automatically received but still have to apply, distributed according to formulas specified in legislation

Block Grants

for broad programs, state discretion in spending the money

Universalism

something for everybody, federal grants follow this

Crossover Sanctions

using federal dollars in one program to influence state and local policy in another

Crosscutting Requirements

a condition on one federal grant is extended to all activities supported by federal funds, regardless of their source

Mandate

requirements that direct state/local governments to provide additional services under threat of penalties or as a condition of receiving federal grant

Underfunded Mandates

states have to budget more funds to receive federal money

Unfunded Mandates

state/local governments must spend their own money to meet national laws without help

Advantages of Federalism

more opportunities for participation due to more levels, increased access to government due to more levels, increased opportunities for government to respond to demands for policies, multiple levels for political party growth, diversity of opinion in public policies in different states, and reduces decision making and conflict at national level

Democracy Disadvantages

quality of services depends on state, can discourage states from providing services, local interests may impede national majority support of policies, vast number of local governments make it difficult to know which government is responsible

Privatization

describes how a piece of property or business goes from being owned by the government to privately owned

Popular Sovereignty

government based on the consent of the people, government's source of authority is the people