Chapter 3: States, communities and American federalism

Federalism

A constitutional system where power is divided between national and subnational governments, and both levels have authority over citizens.

Subnational Governments

Government units below the national government, such as states, counties, cities, towns, and school districts.

Unitary System

A system where authority rests mainly with the national government, and local governments only have powers given to them by the national government.

Confederation

A system where the national government is created by and depends on subnational governments for authority.

Decentralization

The spreading of government power across multiple levels or units of government.

Auxiliary Precautions

Extra protections against tyranny, such as federalism and separation of powers.

Separation of Powers

The division of power among executive, legislative, and judicial branches of government.

Dispersing Power

Spreading authority among different leaders and governments to prevent too much power in one place.

Political Participation

Citizen involvement in government, which federalism increases by creating more elected offices and local governments.

Policy Responsiveness

The ability of government to respond to citizens’ needs and preferences.

Voting with Their Feet

When people move to states or communities that better match their policy preferences.

Laboratories of Democracy

The idea that states can test different policies and serve as examples for other states or the national government.

Nullification

The claim that states can reject or cancel federal laws they believe are unconstitutional.

States’ Rights

The belief that states should have strong authority and protection from national government interference.

Slavery and Segregation in Federalism

A major criticism of federalism because states’ rights were historically used to defend slavery and racial segregation.

Supremacy Clause

The constitutional rule that federal law is superior to state law when the two conflict.

National Supremacy Clause

Article VI clause declaring the Constitution and national laws the 'supreme law of the land.'

Legalizing Marijuana Conflict

A federalism conflict where some states legalized marijuana while federal law continued to prohibit it.

NIMBY

'Not in my backyard'; local resistance to projects like highways, airports, waste sites, or public housing.

Race to the Bottom

Competition among states to lower welfare benefits or regulations to avoid attracting poor residents or losing business.

Welfare Magnet

The idea that generous welfare benefits may attract poor families to a state.

Inequality Under Federalism

A disadvantage of federalism where services, taxes, education spending, and welfare benefits vary widely between states.

Indestructible Union

The principle that the United States is a permanent union made up of permanent states.

Delegated Powers

Powers specifically granted to the national government by the Constitution.

Enumerated Powers

Another name for delegated powers specifically listed in the Constitution.

Necessary and Proper Clause

The clause allowing Congress to make laws needed to carry out its delegated powers.

Implied Powers Clause

The idea that Congress has powers not directly stated but necessary to carry out listed powers.

Reserved Powers

Powers not given to the national government or denied to the states, therefore kept by the states or people.

Tenth Amendment

The amendment stating that powers not delegated to the national government are reserved to the states or the people.

Police Power

The power of states to regulate public health, safety, welfare, and morals.

Ex Post Facto Laws

Laws that punish actions after they were committed, even though they were legal at the time.

Bills of Attainder

Laws that punish a person without a trial.

Fourteenth Amendment

Amendment requiring states to protect due process and equal protection under the law.

Equal Protection

The constitutional requirement that states treat people fairly under the law.

Due Process

The constitutional guarantee that government must follow fair legal procedures before taking life, liberty, or property.

Federalizing Crime

The process of making crimes that were traditionally state matters into federal crimes.

Racketeering and Conspiracy

Organizing or communicating with others about the intent to commit crimes.

Territorial Integrity

The guarantee that Congress cannot create a new state from an existing state’s territory without consent.

Republican Form of Government

A government led by elected representatives rather than a dictator or monarchy.

Equal Senate Representation

The constitutional rule that every state has two U.S. senators.

Protection Against Invasion

The national government’s duty to protect states from foreign invasion.

Protection Against Domestic Violence

The national government’s duty to help states during internal violence or disorder when needed.

State Role in National Government

States help shape the national government through elections, representation, and the Electoral College.

Article V

The constitutional article explaining how amendments are proposed and ratified.

Constitutional Amendment Process

The process requiring approval by Congress and ratification by three-fourths of the states.

Equal Rights Amendment

A proposed amendment that would have guaranteed equal rights regardless of sex but was not ratified.

Stop ERA Movement

The organized opposition that helped defeat the Equal Rights Amendment.

District of Columbia Amendment

A failed amendment that would have given Washington, D.C. voting representation in Congress.

Twenty-Seventh Amendment

Amendment preventing congressional pay raises from taking effect until after a House election.

Sixteenth Amendment

Amendment allowing the federal government to tax income directly.

Federal Income Tax

A major source of federal money that increased national power over states.

Grants-in-Aid

Payments from the national government to state or local governments for specific purposes.

Categorical Grants

Federal grants for specific projects or purposes with strict rules.

Block Grants

Federal grants for broad purposes that give states more flexibility.

Matching Funds

Grant money where the federal government pays part of the cost and the state or local government pays the rest.

Grantsmanship

The effort by states and local governments to secure federal grant money.

Intergovernmental Lobbying

Lobbying by states and cities in Washington to protect their interests and gain federal funding.

Liberal View of Federalism

The belief that national government power is needed to solve social problems and protect rights.

Conservative View of Federalism

The belief that government should be smaller, closer to the people, and less controlled by Washington.

Dual Federalism

Early federalism where national and state powers were clearly separated.

Layer Cake Federalism

A metaphor for dual federalism, where each level of government has separate responsibilities.

Cooperative Federalism

Federalism where national, state, and local governments share responsibilities.

Marble Cake Federalism

A metaphor for cooperative federalism, where government responsibilities are mixed together.

Centralized Federalism

A model where the national government sets major goals and directs state and local governments.

Great Society

Lyndon B. Johnson’s program that expanded federal involvement in social policy.

New Federalism

Efforts to return power and responsibilities from Washington back to states and local governments.

General Revenue Sharing

Federal sharing of tax money with state and local governments with few restrictions.

Representational Federalism

The idea that state interests are protected through their role in electing national officials.

Garcia v. San Antonio Metropolitan Transit Authority

A Supreme Court case supporting the idea that states are protected mainly through the national political process.

Clear Statement Rule

The rule that Congress must clearly state when it intends to override traditional state powers.

Coercive Federalism

Federalism where the national government pressures or requires states to follow federal rules.

Mandates

Federal orders requiring state or local governments to perform certain actions.

Unfunded Mandates

Federal requirements imposed on states or localities without providing enough money to pay for them.

Preemptions

Federal actions that replace or limit state authority in a policy area.

Total Preemption

When federal law completely takes over a policy area and leaves no room for state regulation.

Partial Preemption

When state laws are allowed as long as they do not conflict with federal law.

Bottom-Up Federalism

A modern phase where states lead on major issues and push back against federal policy.

Devolution

The transfer of responsibilities from the national government to the states.

Welfare Reform of 1996

A major example of devolution that replaced federal welfare entitlement with state-controlled block grants.

Temporary Assistance to Needy Families

The welfare program created by 1996 reform that gave states more flexibility through block grants.

U.S. v. Lopez

A 1995 Supreme Court case limiting Congress’s power under the Commerce Clause.

Brady Handgun Violence Prevention Act Case

A case where the Court ruled the federal government could not force local officers to enforce a federal program.

Seminole Tribe v. Florida

A case ruling that states are protected from certain lawsuits by private parties under the Eleventh Amendment.

Alden v. Maine

A case ruling that states are also protected from certain federal lawsuits in their own state courts.

U.S. v. Morrison

A case that struck down part of the Violence Against Women Act because Congress exceeded its commerce power.

Violence Against Women Act

A law partly struck down because gender-motivated violence was ruled not to be economic activity under interstate commerce.

National Federation of Independent Business v. Sebelius

A 2012 case upholding the Affordable Care Act individual mandate as a tax, not under the Commerce Clause.

Marbury v. Madison

The 1803 case establishing the Supreme Court’s power of judicial review.

McCulloch v. Maryland

The 1819 case that expanded implied powers and strengthened national authority.

Texas v. White

The 1869 case declaring that states cannot legally secede from the Union.

NLRB v. Jones and Laughlin Steel Corp.

The 1937 case expanding federal power over interstate commerce.

Brown v. Board of Education

The 1954 case ruling that racial segregation in public schools violated equal protection.

Bush v. Gore

The 2000 case confirming national oversight of voting and vote counting under equal protection and due process.

Horizontal Federalism

Relationships between the states.

Full Faith and Credit

The requirement that states recognize the official acts, records, and court decisions of other states.

Privileges and Immunities

The clause preventing states from unfairly discriminating against citizens of other states.

Extradition

The surrender of a person accused or convicted of a crime from one state to another state.

Interstate Compacts

Agreements between two or more states to cooperate on policy issues, often requiring congressional approval.

Interstate Conflicts

Disputes between states, such as conflicts over boundaries, water, fishing rights, sewage, or garbage disposal.