GOV 310L Chapter 3

10th amendment

The constitutional amendment stating that powers not delegated to the federal government are reserved to the states or to the people.

14th amendment

The amendment that expanded federal oversight by guaranteeing equal protection and due process rights against state-level infringement.

Block grants

Federal funds given to states with broad guidelines, offering significant local flexibility in how the money is spent.

Categorical grants

Federal funds given to state and local governments that must be spent on narrowly defined, highly specific purposes.

Coercive federalism

A form of federalism where the national government pressures states to change policies using regulations, mandates, or financial penalties.

Commerce clause

An Article I clause giving Congress the power to regulate commerce with foreign nations and among states; used to expand federal authority vastly.

Competitive federalism

A model of federalism where state and local governments compete with each other to attract businesses and citizens through tax and policy mixes.

Concurrent power

Powers shared by both federal and state governments, such as the power to collect taxes and build roads.

Confederal government

A system that places ultimate power in highly decentralized state or local governments, keeping the central authority weak.

Cons about federalism

Drawbacks including policy inequality across states, coordination blockages, race-to-the-bottom dynamics, and voter confusion.

Cooperative federalism

An era of federalism (post-New Deal) where national, state, and local governments work together collectively to solve problems

Denied powers

Powers explicitly forbidden to both the federal and state governments by the Constitution (e.g., granting titles of nobility).

Dred Scott v. Sandford

A landmark Supreme Court ruling that severely limited federal power over slavery in territories and narrowed national citizenship concepts.

Dual federalism

An era of federalism where national and state governments operated in strictly distinct, isolated spheres with little overlap

Evolution of federalism

The historical transition from clear separate powers (dual) to integrated sharing (cooperative) and modern regulatory mandates (coercive).

Ex Post Facto

A law that makes an act criminal after it was committed, or increases the penalty retroactively; explicitly banned by the Constitution.

Exclusive power

Powers that belong solely to the federal government, such as coining money, regulating immigration, or declaring war.

Federal Preemption

The enforcement of federal laws over state laws in a specific policy area based entirely on the Supremacy Clause.

Federalism

The constitutional division of sovereignty and governing power between a central national authority and component state governments.

Fiscal federalism

The system of transferring money from the national government to state and local governments through grants to manipulate state policy.

Formula grant

A type of categorical grant distributed to states according to a strict, mathematically defined formula specified in legislation.

Full faith and credit clause

The constitutional instruction that states must respect and enforce the court judgments, contracts, and public records of other states.

Good things about federalism

Advantages including policy experimentation ("laboratories of democracy"), protection against tyranny, and localized responsiveness.

Intergovernmental organizations

Agencies or alliances formed by separate governments to facilitate cooperation and solve cross-border regional problems.

Marshall Court

The early Supreme Court era that consistently interpreted the Constitution to expand national power and solidify federal supremacy.

McCulloch v Maryland

The case affirming the supremacy of the national government and validating the use of implied powers via the Necessary and Proper Clause.

New federalism

A political philosophy of devolution, aiming to return power, flexibility, and financial autonomy back to the states.

Nullification

The unconstitutional theory that states have the right to declare a federal law null, void, and unenforceable within their borders.

Picket fence federalism

A model where specific policy areas create vertical links between matching professional specialists across local, state, and federal levels.

Police power

The power reserved to state governments to regulate the health, safety, morals, and general welfare of their citizens.

Powers given to different levels of government

The structural distribution of authority separating national (delegated), state (reserved), and shared (concurrent) domains.

Privileges and immunities clause

A constitutional provision preventing states from treating citizens of other states in a discriminatory or hostile manner.

Remedial legislation

National laws passed under Section 5 of the 14th Amendment to correct and remedy state-level civil rights violations.

Revenue sharing

A type of New Federalism funding where the federal government gave a portion of its tax revenue directly to states with virtually no restrictions.

Sovereign power

The ultimate, independent legal authority over a geographic area and its population, which cannot be legally overruled.

Spillover effects

When a policy or economic event occurring within one state directly impacts neighboring states (e.g., pollution or economic migration).

State’s rights and state power

The political doctrine advocating for maximizing state autonomy and strictly limiting federal intervention under the 10th Amendment.

Unfunded mandates

Federal laws or regulations requiring states to perform certain actions without providing the federal funding necessary to execute them.

Unitary government

A system that concentrates all political and administrative power in a single, central government authority.