Chapter 3: Federalism and Separation of Powe

Separation of Power

power is divided among the legislative, executive and judicial branches of the national government

Federalism

power is divided between the national government and the state government

Sovereignty

power over the geographic region or people. In the U.S., sovereignty is held by the people

Expressed/Enumerated Powers

powered explicitly granted to the national government by the U.S. constitutional (Article 1, Section 8)

Implied Power

powers not explicitly written out in the constitution, but inferred from the expressed powers and the Necessary and Proper Clause

Necessary and Proper Clause

found in Article 1, section 8. It grants congress the authority to pass laws that are “necessary and proper” for executing its powers

Reserved Powers

powers that are neither delegated to the national government. Its powers are directly for the state

Tenth Amendment

the constitutional anchor for state power

Concurrent Power

powers shared by national and state government simultaneously. Some examples could be taxation and road building

Police Powers

a states regulatory power to enforce laws to protect health, safety, welfare and morals of citizens. Some examples could be speed limits, welfare checks and the creation of licenses

Full Faith and Credit Clause

Article IV, section 1 said that this clause required states to honor and recognize the public acts, records and judicial proceedings of every state. For example, drivers licenses have have to be accepted by every state

Privileges and Immunities Clause

Article IV, section 2 prevents states from discriminating against other state citizens

Duel Federalism

national and state government operating in separate spheres

Cooperative Federalism

national, state and local government increasable work together

Regulated Federalism

the national government increasingly used grants and national standards to influence state policies

New Federalism

efforts to return or preserve greater authority for the states

Grants-in-aid

funds provided by the federal government to state and local governments for specific purpose or general programs. This allows the natural governments to influence policy traditionally reserved for the states

Categorial Grants

federal grants-in-aid given to state and local government with strict rules and regulation . This ensures that the grants are used for its intended grants

Project Grants

a type of categorial grants awarded through a competitive application

Formula Grants

a type of categorical grant where funding is granted based on a formula instead of a competition. It takes account factors like population, poverty and urban levels

Block Grants

grants-in-aid given to states with every few strings attached. It allows for more flexibility for state spending

Unfunded Mandates

regulations set by the national government, but without financial money given to cover costs. Usually creates tension between both federal and state government due to issues it causes with the state

the branches are…..

separate institutions sharing power