Dual Federalism

revenue sharing

when the federal government apportions tax money to the states with no strings attached (ended because too costly)

categorical project grant

state and local governments propose specific projects they wish to implement and what level of funding they need

waivers

exemptions from particular conditions normally attached to grants

preemption

a constitutionally based principle that allows a national law to supersede state or local laws

nullification

a legal theory that state governments have the authority to invalidate national actions they deem unconstitutional

true nullification

when a state law explicitly declares a national law unconstitutional

non-acquiescence nullification

when state law claims the state will not cooperate with a national law

inconsistent nullification legislation

most common form of nullification, when state law conflicts with or attempts to alter the rules or procedures enacted in an existing law

judicial federalism

state courts’ use of their state constitutions to determine citizens rights, particularly when state constitutions guarantee greater protections than does the U.S. Constitution

dual federalism

the initial model of national and state relations in which the national government takes care of its enumerated powers while the state governments independently take care of their reserved powers (1789 to 1937)

grants-in-aid

the transfer of money from one government to another government that does not need to be paid back

cooperative federalism

intergovernmental relations in which the national government supports state governments’ efforts to address the domestic matters reserved to them (1938-evolving through today)

centralized federalism

directives in national legislation force state and local governments to implement a particular national policy (1963-evolving through today)

new federalism or devolution

the process of returning policy making, revenue raising, and policy implementation procedures from the federal government to the state governments, started by Nixon

partisan federalism

A system of federalism that depends on and changes with the party makeup of national or state governments at the time.

fiscal federalism

the relationship between the national government and state and local governments whereby the national government provides grant money to state and local governments; used by federal government to implement national policy objectives in the states

categorical formula grant

a grant of money from the federal government to state or local governments for a narrow purpose defined by the federal government, amount is based on a formula

mandate

clauses in legislation, including legislation that establishes grants-in-aid programs, that direct state and local governments to comply with national policy rules, standards, and other legislative directives

matching fund requirements

a grant requirement that obligates the government receiving the grant to spend some of its own money to match a specified percentage of the grant money provided

block grant

a grant-in-aid for a broadly defined policy area, whose funding is typically based on a formula, gives states more discretion on how to spend the money

unfunded mandates

a federal mandate where the national government does not cover any of the cost for it, leaving the states to pay for it; since they are not using grants to get the states to implement these policies, they instead withhold funds from the states in order to get them to comply