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federalism
A system of government where power is divided between central govt & regional govts
unitary system
A system of govt where lower levels of government have little independent power + primarily implement decisions made by the central govt
intergovernmental relations
the processes where levels of govt negotiate + compromise over policy responsibility
concurrent powers
shared authority w/ national govt & state govts to regulate commerce + the economy
police power
state authority to regulate fundamental matters concerning the health safety, welfare, + morals of its citizens
Full Faith and Credit Clause
Requires states to honor public acts, records, + judicial decisions that occur in another state
(1967) Loving v. Virginia
removed bans on interracial marriage
(1996) Defense of Marriage Act
Allowed for states govt & federal govt to not recognize same $ex marriage
Comity/Priviledges and Immunities Clause
Promotes national unity by requiring states to treat citizens from other states fairly, not allow special treatment to instate relatives, + requires states to return fleeding fugitives to their OG state
(2015) Obergefell v. Hodges
All states must allowed same sex marriage
Dual federalism/”traditional federalism”
System of govt in the US (1789-1937), where most fundamental govt powers were shared between to federal govt & state govts; national govt was small & rarely used functions it had
Commerce Clause
Gave national govt power to regulate commerce w/ other nations + favored national power over the economy
(1819) McCulloch v. Maryland
Allowed charter of national bank + concluded any state law that conflicts w/ national law is invalid
(1824) Gibbons v. Ogden
Allowed federal govt power to regulate interstate commerce
home rule
A guarantee of noninterference in various areas of local affairs
Grants-in-aid
Many provided on the condition that it be spent for the specific purpose defined by Congress
Categorical grants
Grants given to states + localities on the condition that expenditures be limited to a specific problem or law
Cooperative federalism
Federal system since New Deal, where grants-in-aid have been used strategically to encourage state & localities to pursue nationally defined goals/intergovernmental cooperation
Regulated federalism
Became more common in the 1970s; a form of federalism where congress requires state govts & localities to reach national standards
preemption
Allow for the national govt to override state or local actions in certain policy areas
states’ rights
the principle that states should impose the increasing authority of the national govt
nullification
the idea that states didn’t have to follow federal laws if they were unconstitutional
block grant
Important tool of devolution, where federal funding that states have considerable leeway on spending
(1995) Lopez v. US
Stated that Congress exercised too much power w/ commerce clause banning guns near schools
(1875) Civil Rights Act
Got shot down bc it was thought to exceed national power
deevolution
transferring responsibility for policy from the federal govt to state govts & localities; has been popular since the 1970s
New Federalism
Attempts by Nixon & Reagan to return power to states through block grants
general revenue sharing
1 unit of govt yields a portion of its tax income to another unit of govt