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block grants
Federal money given to states for broadly defined reasons; offer large sums of money to the states without "strings" (conditions) attached
categorical grants
Federal grants that can be used only for specific purposes, or "categories," of state and local spending.
- They come with "strings" attached (conditions)
concurrent powers
Powers held by authorities at both state and federal levels
States and the Nation can:
- Levy and collect taxes
- Define crimes
- Run Court Systems
- Improve Lands
- Enforce Laws
cooperative federalism
model of federalism in AP U.S. Government where federal and state governments work together, sharing powers and responsibilities to achieve common goals and solve problems
Defense of Marriage Act (1996)
Defined marriage as between one man and one woman, and it allowed states not to recognize same-sex marriages granted by each other.
- Put Article IV in direct conflict with the Tenth Amendment
- Was settled in Obergefell v. Hodges (w help of 14th Amendment), ruling 5:4 that the right to same-sex marriage was guaranteed
Devolution
Ronald Reagan's philosophy of New Federalism characterized by the return of power to the states
- "The era of big government is over." - Clinton in a 1996 address
exclusive powers
powers that are delegated only to the federal government
- Article I enables Congress to legislate on military and diplomatic affairs and international and interstate commerce.
- Allows Congress to define such crimes as counterfeiting, mail fraud, immigration violations, and piracy.
(ARTICLE I, SECTION 9 = LIMITATIONS ON CONGRESS'S POWER)
extradition
obligates states to deliver captured fugitive criminals back to the state where they committed the original crime
federalism
the sharing of powers between federal and state governments
federal grants
Federal dollars issued by the Congress to address National Issues.
- Congress collects federal tax revenues and distributes these funds to the states to take care of particular concerns
fiscal federalism
Federal government using money (grants) to influence & control states.
full faith and credit
states must regard and honor the laws in other states
grant-in-aid programs
Congress directs federal funds to states that qualify for aid and withholds funds when they do not
Examples:
- Franklin Roosevelt's New Deal
- Lyndon Johnson's Great Society Program
Personal Responsibility and Work Opportunity Reconciliation Act (1996)
Restructured the welfare system to return much authority and distribution of welfare dollars---Medicaid, for example---to the states
police powers
State's power to create and enforce laws on health, safety, and morals
privileges and immunities
Declares citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
- States have created laws to protect their own residents or to give them priority over nonresidents, but the Supreme Court has struck down many of them based on this clause.
- State can, however, charge different college tuition prices for in-state and out-of-state students, largely because in-state students and their families have paid into the state's tax system that supports state colleges.
revenue sharing
the distribution of a portion of federal tax revenues to state and local governments.
strings
conditions of aid for a categorical grant
supremacy clause
Article VI of the Constitution; places national law, treaties, and presidential action above state authority.
- National Law is limited by the enumerated list of Congress's powers in Article 1, Section 8
- Presidential Authority is limited by the Constitution
commerce clause
empowers the Congress to "regulate commerce with other nations, and among the several states"
Dual Federalism (Layer Cake)
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Elastic Clause (Necessary and Proper Clause)
"Congress shall have power....to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."
- said to grant implicit powers
enumerated powers
Article 1, Section 8; Gives Congress the power to: tax, borrow money, raise an army, create a postal system, address piracy on the seas, define the immigration and naturalization process and a few others.
Fourteenth Amendment (1868)
Created after the Civil War with the intention to protect freed slaves.
- promises U.S. Citizenship to anyone born or naturalized in the United States.
- requires states to guarantee privileges and immunities to its own citizens as well as those from other states
- Equal Protection Clause: prohibits state governments from denying persons within their jurisdiction equal protection of the laws.
implied powers
those not specifically listen in the Constitution but deriving from the elastic clause
McCulloch v. Maryland (1819)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause.
- The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
selective exclusiveness
doctrine asserting that Congress may regulate only when the commodity requires a national uniform rule
Tenth Amendment (1791)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
United States v. Lopez (1995)
The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)
Clean Air Act (1970)
Calls for improved air quality and decreased contaminants
- A.K.A. Air Pollution Control Act
- Requires the Department of Transportation to reduce automobile emissions
Clean Water Act (1972)
Regulates the discharges of pollutants into the waters of the United States and monitors quality standards for surface waters.
Controlled Substances Act (1970)
A comprehensive federal drug policy that was part of President Richard Nixon's war on drugs.
- First federal law with any teeth to enforce and heavily punish marijuana dealers and users.
- Categorized heroin, cocaine, and other illegal substances in terms of potential harm and placed marijuana in the same category with no medical benefits
Elementary and Secondary Education Act (1965)
Provided federal funding for primary and secondary education and was meant to improve the education of poor people. This was the first federal program to fund education.
- Deciding Body = U.S. Congress in cooperation with state governments
Endangered Species Act (1973)
established a program that empowers the National Fish and Wildlife Service to protect endangered species
Every Student Succeeds Act (2015)
Replaced the No Child Left Behind Act. Keeps standardized testing, but gives states greater flexibility in determining educational standards and student testing.
- Deciding Body = U.S. Congress
Kyoto Protocol (1997)
a multi-country agreement that committed the signing nations to reduced greenhouse gas emissions
- Although most industrialized nations joined the treaty, the U.S. did not sign the treaty, due to the conservative leaning U.S. Senate (at that time) not achieving the two-thirds support necessary for ratification.
National Environmental Protection Act (1972)
requires any government agency, state or federal, to file an environmental impact statement with the federal government every time the agency plans a policy that might harm the environment, dams, roads, or existing construction
No Child Left Behind Act (2002)
States were held more accountable for student achievement (standardized testing) under federal supervision.
- Deciding Body = U.S. Congress
Paris Agreement (2015)
Agreement made between the United Nations countries to cut down on the emissions of greenhouse gases in an attempt to slow down global warming.
- Senate remained conservative-leaning, constraining the power of the government to join this international treaty
mandate
often address civil rights, enviormental concerns, and other societal needs