Ch3 Gov Notes

Federal Structure

Federal Structure

Mixes national supremacy with states' rights.

Cooperative Federalism

Uses grants and unfunded mandates between national and state governments.

Tenth and Fourteenth Amendments

Drive debates on power balance between state and federal governments.

United States v. Lopez (1995)

Limited Congress’s use of the Commerce Clause, favoring state control.

Federalism

A system of government that divides sovereign power across at least two political units.

Sovereign Power

The authority and autonomy given to each unit of government.

States' Rights

The political powers held for the state governments rather than the federal government.

National Power

The authority held by the federal government under the Constitution.

Exclusive Powers

Powers held only by the national government.

Concurrent Powers

Powers shared by both national and state governments.

McCulloch v. Maryland (1819)

Established implied powers and federal supremacy over state laws.

Dual Federalism

Characterized by distinct layers of authority between national and state governments.

Block Grants

Federal funds provided to states and localities for broad purposes.

Categorical Grants

Federal grants with strict guidelines and requirements that often require matching funds.

Coercive Federalism

Involves unfunded mandates that require states to comply with federal regulations.

Competitive Federalism

Encourages states to compete in areas like policies, laws, and services.

Federal Preemption

Federal laws take precedence over conflicting state laws.

Fiscal Federalism

Involves grants-in-aid to influence state policies through financial incentives.

Full Faith and Credit Clause

Ensures that legal decisions are recognized across state lines.

Police Powers

States regulate for public health, safety, welfare, and morals.

Privileges and Immunities Clause

Prevents states from discriminating against citizens from other states.

Remedial Legislation

Used by Congress to enforce constitutional rights and target discrimination.

States' Sovereign Immunity

States cannot be sued in federal court unless they consent.

Tenth Amendment

Reserves powers not delegated to the federal government for the states.

Unfunded Mandates

Require states to perform actions without federal funding.

Unitary Government

The central government holds most or all governing power.

Eleventh Amendment

Prevents suits against states in federal court by out-of-state citizens.

Race to the Bottom

The competition among states to lower standards in order to attract businesses.

Benefits of Federalism

More policy innovation, responsiveness, and checks on national tyranny.

Costs of Federalism

Unequal resource distribution and protections across states.

Ongoing Federalism Debate

Determining the balance between state and national power continues to be a major issue.

Picket Fence Federalism

Collaboration among different levels of government on specific policy issues.

Sovereign Immunity

Legal doctrine preventing states from being sued without their consent.

National Supremacy

The principle that federal law takes precedence over state law in conflicts.

States' Rights vs National Power

Debate over whether states should have more power versus federal government authority.

Implied Powers

Powers not explicitly stated in the Constitution but necessary to implement expressed powers.