AP Government- Chapter 3-Federalism

a system of government in which a written constitution divides power between a central, or national, government

federalism

those powers, expressed, implied, or inherent, granted to the National Government by the Constitution

delegated powers

those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"

expressed powers

those delegated powers of the National government that are suggested by the expressed powers set out in the Constitution; those "necessary and proper" to carry out the expressed powers

implied powers

those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States

reserved powers

those powers that both the national Government and the States possess and exercise

concurrent powers

grants of federal money or other resources to State, cities, counties, and other local units

grants-in-aid program

one type of federal grants-in-aid for some particular but broadly defined area of public policy

block grants

full faith and credit

Constitution's requirement that each State accept the public acts, records, and judicial proceedings of every other State; Article IV

extradiction

the legal process by which a fugitive from justice in one State is returned to that state

Supremacy Clause

"linchpin of the Constitution", the Constitution stand above all other forms of law in the United States

federalism

division of power between the state and federal government

enumerated powers

include the power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards of weights and measures, to grant patents and copyrights, and to do many other things

implied powers

allow for the regulation of labor management relations, the building of hydroelectric power dams, and the building of the 42,000-mile interstate highway system. It has made federal crimes of such acts as moving stolen goods, gambling devices, and kidnapped persons across state lines.

revenue sharing

a sharing of the taxes; 'Lulu Payments'

catagorical grants

funds can only be used for that particular project

block grants

more broadly defined purposes, fewer strings attached; local governments have more in the say

Privileges and immunities

states cannot make distinctions between their own residents and residents of another state; buy, rent, own, or sell property from all 50 states

Tenth Amendment

reserved powers to the state

cooperative federalism

also known as marble-cake federalism, is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems

dual federalism

also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government

fiscal federalism

deals with the division of governmental functions and financial relations among levels of government

devolution

the transfer or delegation of power to a lower level, especially by central government to local or regional administration.

Ninth Amendment

reserved power to the people

Americans with Disability Act

Passed in 1991, banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings

Clean Air Act (1970)

Established new standards for ambient air quality, set new limits on emissions from stationary and mobile sources to be enforced by both state and federal governments, and increased finds for air pollution research;

compact theory

holds that the country was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states.

condition of aid/strings

terms set by the national government that states must meet if they are to receive certain federal funds

Gibbons v. Ogden (1824)

Regulating interstate commerce is a power reserved to the federal government

mandates (funded/unfunded)

statute or regulation that requires a state or local government to perform certain action

Unfunded: no money provided for fulfilling the requirements

marble cake federalism

national & state govt have mingled responsibilities. shift from dual to cooperative federalism was gradual.

federal guidelines: federal grants w/ strings attatched

(state highway construction w/ enforced limits)

states mostly responsible for public policies dealing w/ social, family, & moral issues

McCulloch v. Maryland (1819)

Necessary and proper clause, supreme clause. Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law.

No Child Left Behind Act

Passed in 2001, expanded federal funding to schools but required increased testing and accountability.

nullification

The doctrine that a state can declare null and void a federal law that, in the states opinion, violates the constitution.

new federalism

system in which the national government restores greater authority back to the states.

unitary government

Central govt holds all power

United States v. Lopez

1994, Congress must defer punishment to states, because gun-free school zone act exceeds Congress' authority to regulate interstate commerce.

Whiskey Rebellion

A small rebellion, that began in Southwestern Pennsylvania in 1794 that was a challenge to the National Governments unjust use of an excise tax on an "economic medium of exchange"

Police Powers

State power to enact laws promoting health, safety, and morals

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

federal income tax

the taxes that the federal government imposes on personal income in order to provide services

selective exclusiveness

Legal doctrine that states that when the commerce at issue requires national, uniform regulation, only Congress may regulate it

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

strings

Specific requirements of grants