Federalism vocab + test

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55 Terms

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Federalism

The idea of a government that splits the powers between a central government and individual regions

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Unitary System

A government in which a strong authoritarian central government exists that creates smaller governments only to help uphold the central government

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Americans with Disabilities Act

Prevents the discrimination based off of a disability in employment and government - unfunded mandate

Ex: ramps and elevators

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“National Laboratory”

Government funded laboratories

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Clean Air Act

An unfunded mandate that requires states to maintain proper air quality and take measures to prevent worsening air quality

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Welfare reform

Movement to have responsibility shifted to the state and local gov for welfare instead of the fed gov

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Nullification

The idea that the states can overturn any laws that they deem are unconstitutional or unfair

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Concurrent Powers

Powers shared by both the federal and state governments

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Enumerated/Delegated Powers

Powers explicitly given to the the federal government in the constitution

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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

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14th Amendment

An amendment to the constitution that states all citizens of the United States are equal and must be treated as such

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Police Powers

Inherent powers of state governments to pass laws to protect the public health, safety, and welfare

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Dual Federalism

Each section of government is clearly separated and the federal, state, and locals governments have distinct responsibilities

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Cooperative Federalism

The mixing of the responsibilities and roles of the federal and state governments without clear boundaries; money is influence

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Block Grants

Awarded to states general purposes, usually follow a formula basis (ex: education, job training, transportation)

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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

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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

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Categorical Grants

Given for specific purposes (formula or project), can be used by the federal gov to influence state govs

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Formula Grants

Uses a mathematical formula to distribute grants fairly (ex: medicaid, school lunch programs, public housing, employment programs)

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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

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Conditions of Aid

“Mandates” or terms set by the fed gov that states must meet to receive certain funds

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Decentralizes

Removing abilities and powers from the central government

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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

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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

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Implied Powers

Powers implied by the constitution given to the federal government

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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.

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Subsides

federal financial aid to individuals,( ex: welfare, food stamps, agricultural)

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Reserved Powers

Powers not explicitly delegated to or shared with the federal government that are given to the state

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Federal Revenue Sharing

the distribution of tax money to the state governments

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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

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Privileges and Immunities

Every citizen has the same privileges and Immunities in a different state even if they are not a permanent resident

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Devolution

The belief that state governments should now become be stronger and have more abilities than the federal government

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Shared Costs

Federal gov gives money to state govs as long as they also pay part of the bill

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Federal Guidelines

Guidelines given by the federal government that are required by the states to follows

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Confederate system

A form in government in which independent regions or states form a union under a weak central government

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Shared administration

Both state and local officials have administrative powers

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Referendum

A form of direct democracy in which the people are asked to directly vote on an issue

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Initiative

A petition to the government for a specific bill or law to be passed

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Recall

The action of removing an elected representative from a place in government due to a poor opinion from the public

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New Federalism

The belief of devolution; certain federal powers should be given to the states

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Supremacy Clause

Article VI of the Constitution states the U.S. Constitution, laws of Congress, and treaties are supreme.

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Marbury v Madison

Court takes the power of Judicial Review (implies but never stated in the constitution)

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McCulloch v. Maryland

ruled Congress had implied powers in addition to its enumerated powers

established authrity of federal law

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Gibbons v. Ogden

broad interpretation of commerce which increased the power of federal gov

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United States v Lopez

limited federal power over interstate commerce

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Full Faith and Credit

Constitution requires each state to recognize the public acts, records, and judicial proceedings of all other states

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Privileges and Immunities

Constitution requires states to give citizens of each state the privileges of citizens of other states.

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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

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Fiscal Federalism

Pattern of spending, taxing, and providing grants in the federal system.

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federalism pros

  • Prevents too much centralized power 

  • Allows state individuality 

  • Practical considering U.S. size and population

  • States can learn from each other

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cons of federalism

  • Confusion and lack of uniformity 

    • One state allows you to carry a concealed weapon while another does not. Uou may unknowingly violate the law 

  • Lack of accountability 

    • States who have legalized marijuana are in violation of federal law 

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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.

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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

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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