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Federalism
The idea of a government that splits the powers between a central government and individual regions
Unitary System
A government in which a strong authoritarian central government exists that creates smaller governments only to help uphold the central government
Americans with Disabilities Act
Prevents the discrimination based off of a disability in employment and government - unfunded mandate
Ex: ramps and elevators
“National Laboratory”
Government funded laboratories
Clean Air Act
An unfunded mandate that requires states to maintain proper air quality and take measures to prevent worsening air quality
Welfare reform
Movement to have responsibility shifted to the state and local gov for welfare instead of the fed gov
Nullification
The idea that the states can overturn any laws that they deem are unconstitutional or unfair
Concurrent Powers
Powers shared by both the federal and state governments
Enumerated/Delegated Powers
Powers explicitly given to the the federal government in the constitution
10th Amendment
This amendment gives states any and all powers not explicitly stated in the constitution are reserved to the states, also noted as the reserved powers
14th Amendment
An amendment to the constitution that states all citizens of the United States are equal and must be treated as such
Police Powers
Inherent powers of state governments to pass laws to protect the public health, safety, and welfare
Dual Federalism
Each section of government is clearly separated and the federal, state, and locals governments have distinct responsibilities
Cooperative Federalism
The mixing of the responsibilities and roles of the federal and state governments without clear boundaries; money is influence
Block Grants
Awarded to states general purposes, usually follow a formula basis (ex: education, job training, transportation)
U.S. v Lopez
Supreme Court case that established limitations on the interstate commerce clause; only things with the intent to be used as commerce are subject to the federal govt
McCulloch v Maryland
The supreme court case that states can’t tax federal extensions and established the supremacy of federal law over state law and expanded the elastic clause
Categorical Grants
Given for specific purposes (formula or project), can be used by the federal gov to influence state govs
Formula Grants
Uses a mathematical formula to distribute grants fairly (ex: medicaid, school lunch programs, public housing, employment programs)
Project grants
States compete for funding and money is awarded based on merit, states with higher pop. are more likely to win so may be considered inconsistent or unfair
Conditions of Aid
“Mandates” or terms set by the fed gov that states must meet to receive certain funds
Decentralizes
Removing abilities and powers from the central government
Mandates/
Unfunded Mandates
Laws passed by the federal government that the state is required to comply with to maintain funding and can be either paid for by the national government or paid directly by the state
The Elastic Clause
A clause within the constitution that gives the government to do anything that is necessary and proper in order to maintain the federal government and allows the federal government to expand their powers when necessary
Implied Powers
Powers implied by the constitution given to the federal government
Commerce Clause
A clause that gives the federal government full reign over interstate and foreign trade; commonly used to expand the power of the federal government.
Subsides
federal financial aid to individuals,( ex: welfare, food stamps, agricultural)
Reserved Powers
Powers not explicitly delegated to or shared with the federal government that are given to the state
Federal Revenue Sharing
the distribution of tax money to the state governments
Extradition
requires a state to surrender a person charged with a crime to the state in which the crime is alleged to have been committed
Privileges and Immunities
Every citizen has the same privileges and Immunities in a different state even if they are not a permanent resident
Devolution
The belief that state governments should now become be stronger and have more abilities than the federal government
Shared Costs
Federal gov gives money to state govs as long as they also pay part of the bill
Federal Guidelines
Guidelines given by the federal government that are required by the states to follows
Confederate system
A form in government in which independent regions or states form a union under a weak central government
Shared administration
Both state and local officials have administrative powers
Referendum
A form of direct democracy in which the people are asked to directly vote on an issue
Initiative
A petition to the government for a specific bill or law to be passed
Recall
The action of removing an elected representative from a place in government due to a poor opinion from the public
New Federalism
The belief of devolution; certain federal powers should be given to the states
Supremacy Clause
Article VI of the Constitution states the U.S. Constitution, laws of Congress, and treaties are supreme.
Marbury v Madison
Court takes the power of Judicial Review (implies but never stated in the constitution)
McCulloch v. Maryland
ruled Congress had implied powers in addition to its enumerated powers
established authrity of federal law
Gibbons v. Ogden
broad interpretation of commerce which increased the power of federal gov
United States v Lopez
limited federal power over interstate commerce
Full Faith and Credit
Constitution requires each state to recognize the public acts, records, and judicial proceedings of all other states
Privileges and Immunities
Constitution requires states to give citizens of each state the privileges of citizens of other states.
dual federalism vs cooperative federalism
each level (layer) of gov had their own distinct role
national and state influence swirl around each other, without clear boundaries
Fiscal Federalism
Pattern of spending, taxing, and providing grants in the federal system.
federalism pros
Prevents too much centralized powerÂ
Allows state individualityÂ
Practical considering U.S. size and population
States can learn from each other
cons of federalism
Confusion and lack of uniformityÂ
One state allows you to carry a concealed weapon while another does not. Uou may unknowingly violate the lawÂ
Lack of accountabilityÂ
States who have legalized marijuana are in violation of federal lawÂ
How has the Constitution laid the foundation for federalism in the United states?
The constitution establishes separation of powers between the branches in government. There is also an establishment of checks and balances.
How do the State and National government compete and cooperate in order to govern?
compete for power over certain areas, like war
cooperate with each other through the separation of powers between the three branches of power
no one branch has too much power and can make drastic decisions without the input of other branches
How does Federalism in the United States impact diversity in public policy among the states?
set supreme regulations and allow states to have their own regulations based on the ideas of the residents of each state