AP Gov Unit 2: Federalism

(Ch 3)

federalism

the division of power across the local, state, and national governments

sovereign power

the supreme power of an independent state to regulate its internal affairs without foreign interference

exclusive powers

policy making responsibilities that are exercised only by the national government

police powers

the power to enforce laws and provide for public safety

concurrent powers

responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments

unitary government

a system in which the national, centralized government holds ultimate authority. it is the most common form of government in the world

confederal government

a form of government in which states hold power over a limited national government

10th amendment

“the powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people.”

The court has interpreted this language to protect state power and limit the reach of the national government in areas such as environmental policy, gun control, and workplace regulations

full faith and credit clause

It requires every state to respect the public acts, records, and judicial proceedings of every other state

dual federalism

the form of federalism favored by chief justice roger taney, in which national and state governments are seen as distinct entities providing separate services. this model limits the power of the national government. (layer cake)

mcculloch v. maryland

a landmark supreme court ruling in 1819 that maryland did not have the power to tax the second bank of the US and that congress did have the power to create the bank under the necessary and proper clause and the national supremacy clause

states’ rights

the idea that states are entitled to a certain amount of self-government, free of federal government intervention. this became a central issue in the period leading up to the civil war

cooperative federalism

a form of federalism in which national and state governments work together to provide services efficiently. this form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility in national-state relations (marbled cake)

picket fence federalism

a more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government

fiscal federalism

a form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants

coercive federalism

a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, or conditions (often involving threats to withdraw federal funding)

federal preemption

imposition of national priorities on the states through national legislation that is based on the consitution’s supremacy clause

unfunded mandates

federal laws that requires the states to do certain things but do not provide state governments with funding to implement these policies

categorical grants

federal aid to state or local governments that is provided for a specific purpose, such as a mass-transit program within the transportation budget or a school lunch program within the education budget

block grants

federal aid provided to a state government to be spent within a certain policy area, but the state can decide how to spend money within that area

competitive federalism

a form of federalism in which states compete to attract businesses and jobs through the policies they adopt

remedial legislation

national laws that address discriminatory state laws. authority for such legislation comes from section 5 of the 14th amendment

states’ sovereign immunity

based on the 11th amendment, immunity that prevents state governments from being sued by private parties in federal court unless the state consents to the suit

united states v. lopez

a 1995 supreme court case that struck down a federal law regulating the possession of firearms around schools. it was the first time that the court had restricted congress’s power to pass legislation under the commerce clause since the new deal in the 1930s

formula grants

federal $ distributed automatically by a formula set by congress for a specific purpose w/ federal rules

project grants

federal $ awarded through a competitive application for a specific project w/ detailed federal rules

conditions of aid

rules a state must follow to receive federal grant $

take $… accept the strings

crossover sanctions (conditions of aid)

federal aid in one program is reduced or cut off if a state fails to meet requirements in a different program

cross-cutting requirements (conditions of aid)

requirements that apply across all or many federal grant programs no matter what the $ is for

federal revenue sharing (1972-86)

the national government gives a share of its tax revenue to state/local governments with almost no strings attached

privileges and immunities clause

The Privileges and Immunities Clause prevents states from discriminating against out-of-state citizens regarding fundamental rights.