Governing States and Localities, Chapter 2

Federalism

Federalism

Political system in which national and regional governments share powers and are considered independent equals.

Unitary System

Political system in which power is concentrated in a central government.

Confederacy

Political system in which power is concentrated in regional governments.

Representative Government

A form of government in which citizens exercise power indirectly by choosing representatives to legislate on their behalf.

Enumerated Powers

Grants of authority explicitly given by the Constitution

National Supremacy Clause

Constitutional clause that states that federal law takes precedence over all other laws.

Preemption

The process of the federal government overriding areas regulated by state law.

Exclusive Powers

Powers given by the Constitution solely to the federal government.

Concurrent Powers

Powers that both federal and state governments can exercise. These include the power to tax, borrow, and spend.

Implied Powers

Broad, but undefined, powers given to the federal government by the Constitution.

General Welfare Clause

Constitutional clause that gives Congress an implied power through the authority to provide for the "general welfare."

Necessary and Proper Clause

Constitutional clause that gives Congress an implied power through the right to pass all laws considered "necessary and proper" to carry out the federal government's responsibilities as defined by the Constitution.

Full Faith and Credit Clause

Constitutional clause that requires states to recognize each other's public records and acts as valid.

Privileges and Immunities Clause

Constitutional clause that prohibits states from discriminating against citizens of other states.

Bill of Rights

The first ten amendments to the Constitution, which set limits on the power of the federal government and set out the rights of individuals and the states.

Tenth Amendment

Constitutional amendment guaranteeing a broad, but undefined, set of powers be reserved for the states and the people.

Fourteenth Amendment

Constitutional amendment that prohibits states from depriving individuals of the rights and privileges of citizenship and requires states to provide due process and equal protection guarantees.

Dual Federalism

The idea that state and federal governments have separate and distinct jurisdictions and responsibilities.

State's Rights

The belief that states should be free to make their own decisions with little interference from the federal government.

Compact Theory

The idea that the Constitution represents an agreement among sovereign states to form a common government.

Nullification

The process of a stat's rejecting a federal law and making it invalid within state borders

Secession

The process of a government or political jurisdiction withdrawing from a political system or alliance.

Nation-Centered Federalism

The belief that the nation is the basis of the federal system and that the federal government should take precedence over the states.

State-Centered Federalism

The belief that states are the basis of the federal system and that state governments should take precedence over the federal government.

Cooperative Federalism

The notion that it is impossible for state and national governments to have separate and distinct jurisdictions and that both levels of government must work together.

Grants-in-Aid

Cash appropriations given by the federal government to the states.

Centralized Federalism

The notion that the federal government should take the leading role in setting national policy, with state and local governments helping to implement the policies.

Categorical Grants

Federal grants-in-aid for specific programs that leave states and localities with the discretion over how to spend the money.

General Revenue Sharing Grants

Federal grants-in-aid given with few constraints, leaving states and localities almost complete discretion over how to spend the money.

Crosscutting Requirements

Constraints that apply to all federal grants.

Crossover Sanctions

Federal requirements mandating that grant recipients pass and enforce certain laws or regulations as a condition of receiving funds.

Unfunded Mandates

Federal laws that direct state action but provide no financial support to that action.

New Federation

The belief that states should receive more power and authority and less money from the federal government.

Block Grants

Federal grants-in-aid given for general policy areas that leave states and localities with side discretion over how to spend the money within the designated policy area.

Ad Hoc Federalism

The process of choosing a state-centered or nation-centered view of federalism on the basis of political or partisan convenience.

Interstate Commerce Clause

Constitutional clause that gives Congress the right to regulate interstate commerce. This clause has been broadly interpreted to give Congress a number of implied powers.

Sovereign Immunity

The right of a government to not be sued without its consent.