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Affordable Care Act
A comprehensive health care reform law in the U.S. designed to make affordable health insurance available to more people. It increases coverage through Medicaid expansion, Health Insurance Marketplaces, and subsidies, while prohibiting insurance companies from denying coverage due to pre-existing conditions. AKA “Obamacare”.
Americans With Disabilities Act
U.S. civil rights law prohibiting discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public/private places. It ensures equal opportunity and access, requiring reasonable accommodations and accessibility standards. Unfunded mandate.
Block Grant
A grant-in-aid for a broadly defined policy area, whose funding amount is typically based on a formula.
Formula Categorical Grants
A grant-in-aid for a narrowly defined purpose whose dollar value is based on a formula.
Project Categorical Grants
A grant-in-aid for a narrowly defined purpose where governments compete with each other for funding by proposing specific projects.
Centralized Federalism
Intergovernmental relations in which the national government imposes its policy preferences on state and local governments.
Clean Air Act
Example of an unfunded mandate. This act is a comprehensive federal law in the United States that regulates air emissions from stationary and mobile sources to protect public health and welfare. It mandates National Ambient Air Quality Standards to control common pollutants.
Concurrent Powers
Basic governing functions that are exercised by the national and state governments independently, and at the same time, including the power to make policy, raise revenue, implement policies, and establish courts. For the U.S. federal government and states, includes taxation, establishing courts, eminent domain, chartering banks, etc.
Conditions of Aid (strings)
The specific conditions, rules, and requirements the federal government attaches to grant money given to state and local governments.
Conflicted Federalism
Modern, mixed model of U.S. intergovernmental relations where elements of dual, cooperative, and centralized federalism coexist, often resulting in tension.
Cooperative Federalism
State and federal governments work together to solve complex problems. Marble cake federalism.
Delegated/Enumerated Powers
Powers of the national government that are listed/written in the constitution.
Devolution
The process whereby the national government returns policy responsibilities to state or local governments.
Dual Federalism
Federal and state governments remain dominant in their separate spheres of influence. Layer cake federalism.
Due Process
The government cannot take your life, liberty, or property without fair, formal proceedings.
Elastic/Necessary and Proper Clause
Congress can do what it needs to do in order to fulfill its enumerated powers.
Establishment Clause
The government cannot endorse or sponsor religion.
Extradition
The return of individuals accused of a crime to the state in which the crime was committed upon the request of that state’s governor.
Federalism
The U.S. government structure of two levels of governing, involving both national and state governments.
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.
Gibbons v. Ogden
Broadened interpretation of interstate commerce-- Gives Congress power to take control over any issue involving the movement of people, or things (Navigation=Commerce).
Grants-in-Aid (Intergovernmental Transfer)
Federal funds given to state and local governments for specific projects or programs, acting as a tool of fiscal federalism to influence state policy.
Horizontal Federalism
The state-to-state relationships created by the U.S. Constitution. Highlighted in Article 4, specifically. (Full Faith and Credit, Privileges and Immunities, and Interstate compacts and extraditions.
Implied Powers
Powers of the national government but are not enumerated in the Constitution but that Congress Claims are necessary and proper for the national government to fulfill its enumerated powers in accordance with the Necessary and Proper clause of the Constitution.
Intergovernmental Relations (IGR)
The interactions of two or more governments (national, state, and local) in their collective efforts to provide goods and services to the people they each serve.
Interstate Compacts
Agreements between states that Congress has the authority to review and reject.
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.
Funded Mandate
Requirement by the national government of the states and provides financial assistance to help governments comply with the federal goals.
Unfunded Mandate
Requirement by the national government of the states that states are expected to comply without receiving federal funding to cover the costs.
Matching Funds Requirement
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.
McCulloch v. Maryland
Recognized implied powers of Congress through the Necessary and Proper Clause, affirming its power to create a national bank, and reaffirmed national government power to regulate commerce through the Commerce and Supremacy Clauses. Also ruled that states could not tax federal government operations.
New Federalism
Called for the devolution of power from the national government back to the states. Going back to dual federalism. Led by Nixon and Reagan.
Nullification
A legal theory that state governments have the authority to invalidate national actions they deem unconstitutional.
Preemption
The constitutionally based principle that allows a national law to supersede state or local laws.
Privileges & Immunities Clause
States cannot discriminate against citizens of other states.
Prohibited Powers
Powers denied to the national government and/or states.
Police Powers
The states’ reserved powers to protect the health, safety, lives, and properties of residents of a state.
Reserved Powers
The matters referred to in the 10th Amendment over which states retain (10th Amendment is written in the Constitution, the unknown, possible, reserved powers are not).
Revenue Sharing
Federal government allocates revenue to state and local governments to do something specified by the national government.
Supremacy Clause
The Constitution is the supreme law of the land.
U.S. v. Lopez
Established limits to Congress’ power under the Commerce Clause
Waivers
Exemptions from particular conditions normally attached to grants.
New Deal
A series of U.S. federal programs, public work projects, and financial reforms enacted by President Franklin D. Roosevelt between 1933 and 1939; Designed to combat the Great Depression.