Chapter 3: Federalism

Federalism

a system that divides power between the national and state governments

Unitary System

a system where the central government has all of the power over subnational governments

Confederacy

a system where the subnational governments have most of the power

Commerce Clause

grants Congress the authority to regulate interstate business and commercial activity

Necessary and Proper Clause (Elastic Clause)

grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause.

Implied Powers

powers not granted specifically to the national government but considered necessary to carry out the enumerated powers

Supremacy Clause

establishes the Constitution and the laws of the federal government passed under its authority as the highest laws of the land

Tenth Amendment

reserves powers not delegated to the national government to the states and the people; the basis of federalism

Reserved Powers

powers not given to the national government, which are retained by the states and the people

Concurrent Powers

powers granted to both states and the federal government in the Constitution

Full Faith and Credit Clause

constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state

Extradition

the requirement that officials in one state return a defendant to another state where a crime was committed

Privileges and Immunities Clause

constitutional clause that prevents states from discriminating against people from out of state

13th Amendment

constitutional amendment that outlaws slavery

14th Amendment

constitutional amendment that provides that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law

15th Amendment

constitutional amendment that gave African American males the right to vote

Dual Federalism (Layer Cake Federalism)

a form of American federalism in which the states and the nation operate independently in their own areas of public policy

Selective Incorporation

the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis

Cooperative Federalism (Marble Cake Federalism)

a form of American federalism in which the states and the national government work together to shape public policy

Grants-in-Aid

federal money provided to states to implement public policy objectives

Fiscal Federalism

the federal government’s use of grants-in-aid to influence policies in the states

Categorical Grants

grants-in-aid provided to states with specific provisions on their use

Unfunded Mandates

federal requirements that states must follow without being provided with funding

Block grants

a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds

Crossover Sanction

fiscal sanctions applied to one government program in order to influence policy in another program area

Revenue Sharing

when the federal government apportions tax money to the states with no strings attached

New Federalism

a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states; primary objective is the restoration of some of the autonomy and power, which individual states had lost to the federal government as a result of President Franklin Roosevelt's New Deal policies

Devolution

returning more authority to state or local governments