gov exam 2- federalism

federalism

A system of government in which power is
divided, by a constitution, between a central
government and regional governments

unitary systems

A centralized government system in which
lower levels of government have little power
independent of the national government

coming together federalism

Previously separate,
sovereign political units
voluntarily pool
sovereignty into a larger
union, usually for
mutual benefits like
defense

holding together federalism

A previously unitary
state devolves power to
regional, linguistic, or
ethnic units in order to
prevent secession and
keep a diverse polity
together

putting together federalism

Federal structures
imposed by a
centralized,
authoritarian regime as
a facade rather than
genuine devolution

enumerated powers

Specific powers in the Constitution that are granted to Federal Government

implied powers

Enable Congress to make the laws that are “necessary and proper”

ex of implied power

Building and maintaining interstate transportation systems to support
“commerce” and “national defense.”

reserved powers

Powers not specifically delegated to the

national government or denied to the states

concurrent powers

Authority possessed by both state and
national governments

police powers

A fundamental power and broad authority of state governments to regulate behavior and
activities in order to protect public health, safety, and morals of the public

public health

• Administer health and
safety rules
• Regulate food and
restaurant safety
• Sanitation standards

public safety

• Develop and enforce
criminal codes
• Traffic laws & driver
licensing
• Building and fire codes

morals/ social order

• Regulation of alcohol,
gambling, adult
entertainment

property/ land use

• Define property rights
• Zoning
• Land-use regulation
• Landlord-tenant rules

family/ domestic relations

• Marriage requirements
• Divorce laws
• Child custody and adoption

full faith and credit clause

States must recognize or uphold
governmental actions in other states

privileges and immunity clause

A state cannot discriminate against
someone from another state or give
privileges to its own residents only

home rule

Local authority to govern local matters,
as long as the local action does not
conflict with state or federal law

dillon’s rule

Local governments generally have
only the powers that the state explicitly
grants them

dual federalism (1790s)

Federal and state
governments largely
take care of different
issues and do not
interact much

cooperative federalism (1930s)

Federal and state
governments work
together and share
responsibilities with
grants-in-aid.

regulated federalism

Federal government
increasingly sets
standards or
requirements that states
must follow.

Expanded interpretation of Commerce Clause

1937

new federalism

the attempts to
return power to
the states
through
devolution

general revenue sharing

One unit of government yields a portion of tax
income to another unit of government.

block grant

Money for a broader policy area, usually giving
states more discretion

categorical grant

Money for a narrowly defined purpose, usually

with more federal conditions

unfunded mandate

A law or regulation requiring a state or local
government to perform certain actions without
providing funding for fulfilling the requirement.

Franklin D. Rooselvelt

cooperative fereralism

Lyndon B. Johnson

regualated federalism

Richard Nixon

new federalism

creative federalism

Federal government
increasingly provided
categorical grants
directly to local
governments and
community
organizations,
sometimes bypassing
state governments

coercive federalism

Federal government
increasingly pressures
or constrains state
governments,
sometimes through
regulation, mandates,
preemption, or strong
financial incentives

fractious federalism

Federal–state conflict

driven by partisan

polarization, with states

resisting federal policies

through noncooperation,

litigation, or political

opposition

medicare

-Mainly for people age 65 or older and
younger people with disabilities

-federal government

-Federally funded through payroll taxes,
federal general revenues, and beneficiary
premiums.

medicaid

-For eligible low-income individuals and
families

-state government

-The federal government matches part of
each state’s Medicaid spending

medicaid expansion

Extended eligibility to a broader group of low-income adults

matching grant

The federal government contributes money
in proportion to what the state spends

conditional grant

The states receive federal money only if they
follow particular federal requirements

adequate and independant state grounds

A doctrine about when the U.S. Supreme Court will review a decision from a state court
limits the U.S. Supreme Court’s jurisdiction to review state court judgments.

supremacy clause

Federal law is supreme over conflicting state laws and state court decisions
resolves conflicts between federal and state law.

Texas v. White (1869)

The Supreme Court held that states cannot secede from the United
States on their own; the Union is constitutionally permanent and
separation could occur through “revolution” or “consent of the States.”

sweatt vs painter

The Supreme Court ruled that Texas’s separate law school for Black
students was not truly equal, dealing a major blow to the “separate
but equal” doctrine.

Dobbs v. Jackson Women’s Health Organization (2022)

the Supreme Court held that the U.S. Constitution does not protect a
right to abortion and returned the issue "to the people and their elected
representatives."