Ch 4: Federalism (Magruder's American Government)

Front 1

Federalism

Back 1

a system in which power is divided between the national and state governments; DIVISION OF POWERS (do NOT confuse with SEPARATION OF POWERS within government: leg., exec., jud.)

Front 2

division of powers

Back 2

FEDERALISM; the constitutional provisions by which governmental powers are DIVIDED on a geographic basis between nation and states

Front 3

delegated powers

Back 3

Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.

Front 4

reserved powers

Back 4

powers reserved to the states by the 10th Amendment

Front 5

inherent powers

Back 5

anything any state can do simply because it's a sovereign state; for example, defend its borders from foreign invasion; the powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government

Front 6

expressed powers

Back 6

powers that are specifically listed or expressly stated online in the Constitution

Front 7

implied powers

Back 7

powers not specifically mentioned in the constitution, but reasonably implied by powers expressly stated; the Elastic Clause or "Necessary and Proper Cause" forms the basis for the doctrine of implied powers as articulated by the Supreme Court in McCulloch v. Maryland

Front 8

denied powers

Back 8

powers denied by the Constitution to either the federal government or the states or both; e.g., no denial of right to writ of habeas corpus, no ex post facto laws (criminal), no bills of attainder, and no titles of nobility

Front 9

Ex Post Facto law

Back 9

a law applied to an act committed before the law was passed; the Constitution denies both the federal and state governments this power

Front 10

Habeas Corpus

Back 10

"you have to have the body"; the Constitution says that no one can be held without charges; the government (federal or state) must either charge you with a crime or release you; your lawyer can ask the court for a writ (court order) of habeas corpus; when Lincoln suspended this right during the Civil War, the Supreme Court ruled his action unconstitutional

Front 11

Bill of Attainder

Back 11

a legislative act that inflicts punishment without a court trial; the Constitution says NO to these when it guarantees your right to trial by jury

Front 12

Elastic Clause

Back 12

AKA "Necessary and Proper" Clause; Artile I, Section 8, Clause 18 of the Constitution gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses

Front 13

exclusive powers

Back 13

powers that can be exercised by the National Government alone; for example, coin money and make war

Front 14

concurrent powers

Back 14

powers that are shared by both the federal and state governments; for example, levy taxes

Front 15

police powers

Back 15

powers to enact laws promoting public health, safety, and morals; belong largely to the states

Front 16

supremacy clause

Back 16

Makes National law supreme over state laws in constitutional affairs

Front 17

republican government

Back 17

representative (little "r" is NOT the political party); the nation's Constitutional obligation to the states is to guarantee representative ( a republican) form of government

Front 18

Steps in admitting a new state

Back 18

(1) Enabling Act, (2) State Constitution prepared , (3) Popular Vote , (4) Act of Admission

Front 19

Enabling Act

Back 19

the first step in the state admission procedure which enables the people of a territory to prepare a constitution

Front 20

Act of Admission

Back 20

an act creating a new state

Front 21

Grants-in-aid

Back 21

grants of federal money or other resources to the states or their cities, counties, and other local units.

Front 22

Federal grants

Back 22

money given to state or local governments to be spent for a variety of specific purposes

Front 23

Fiscal Federalism

Back 23

The federal government's use of taxing and spending to influence states through the granting/withholding of appropriations

Front 24

Strings Attached

Back 24

traditional control that tells the state government what it must do if it wants to receive federal grant money

Front 25

Mandate

Back 25

something which the federal government requires states to do; for example, the Americans with Disabilities Act mandates that all public buildings provide access for the handicapped

Front 26

Entitlement

Back 26

A benefit that federal law says must be paid to all those who meet the eligibility requirements; e.g., Medicare, food stamps, free or reduced school lunch

Front 27

Nondiscretionary spending

Back 27

AKA: uncontrollable spending; entitlement spending which depends on the number of people who are eligible and who apply for a benefit; constitutes 2/3 of the federal budget; results from application of formula rather than discretionary act of Congress; must be addressed if deficit and debt are to be reduced

Front 28

Deficit

Back 28

the yearly shortfall between revenue and expenditures; the difference in what's spent and what's taken in

Front 29

Debt

Back 29

the total amount owed based on borrowing over time; accumulates as the result of deficit spending

Front 30

Discretionary spending

Back 30

AKA: controllable spending; spending on programs like national defense or infrastructure (roads and bridges), which results when Congress uses its discretion and chooses to authorize and appropriate funds; constitutes about 1/3 of the federal budget

Front 31

Categorical Grant

Back 31

grant for which Congress appropriates funds fora specific purpose or category; ADVANTAGE: hard to abuse; DISADVANTAGE: states are limited in how they can use themoney – even if they need it more for another purpose, they can use the moneyONLY for the purpose specified by the federal government

Front 32

Block Grant

Back 32

type of federal grants-in-aid for abroadly defined area of public policy; a big chunk of money handed over to thestates; ADVANTAGE: states know best what they need; DISADVANTAGE: easy to abuse

Front 33

Project Grant

Back 33

grants made to States, private agencies for projects; based on competitive applications

Front 34

Cross-Cutting Requirements

Back 34

requirement that extend to all federal programs and apply across the board; usually nondiscrimination (civil rights) or environmental in nature; violation of such results in cross-over sanctions (loss of federal funding for ALL programs)

Front 35

Cross-Over Sanctions

Back 35

Using federal dollars in one program to influence state/local policy decisions (e.g,: highway funds withheld until legal drinking age is 21)

Front 36

Universalism

Back 36

federal grant distribution follows the principle of spreading the wealth and including a little something for everybody when the federal money is being passed out

Front 37

Revenue Sharing

Back 37

Giving money back to the state and local government with no strings attached

Front 38

Interstate compact

Back 38

An agreement among two or more states. Congress must approve most such agreements.

Front 39

Full Faith and Credit Clause

Back 39

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Front 40

Extradition

Back 40

the surrender of an accused or convicted person by one state or country to another (usually under the provisions of a statute or treaty)

Front 41

Privileges and Immunities Clause

Back 41

no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States

Front 42

Obligations of the states

Back 42

what each state must do for others: (1.) Full faith and credit , (2) Extradition, (3) Privileges and immunities of citizens

Front 43

Commerce Clause

Back 43

gives power to regulate interstate commerce to the federal government; constitutional clause used by Congress and the courts to expand federal powers, beginning with Gibbons v. Ogden

Front 44

Interstate commerce

Back 44

commerce between or among states (or foreign countries) ; the Constitution gives the federal government power to regulate this

Front 45

Intrastate commerce

Back 45

commerce within a state; the Constitution reserves power to regulate this to the states

Front 46

Gibbons v. Ogden

Back 46

A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.

Front 47

10th Amendment

Back 47

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Front 48

dual federalism

Back 48

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies; popular view in the 19th Century; applied in Dred Scott case; METAPHOR: LAYER CAKE

Front 49

layer cake federalism

Back 49

metaphor for dual federalism, a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies

Front 50

cooperative federalism

Back 50

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly; evolved naturally and practiced throughout history, as shown by Northwest Ordinance, but popular view in the 20th and 21 centuries; METAPHOR: MARBLE CAKE

Front 51

Marble cake federalism

Back 51

metaphor for cooperative federalism, a system of government in which powers and policy assignments are shared between states and the national government

Front 52

devolution

Back 52

moving power and responsibility down to the lowest appropriate level of government; the process of limiting the power of the federal government to impose its policies onto state governments and turning more power back to the states

Front 53

Heart of Atlanta Motel v. U.S.

Back 53

case in which SCOTUS ruled that the Commerce Clause gives the federal government the power to tell any business that serves the public that it cannot discriminate on the basis of race

Front 54

US v. Lopez

Back 54

Supreme Court ruled that passing the Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce; SCOTUS ruled that it stretched the Commerce Clause too far

Front 55

South Dakota v. Dole

Back 55

Supreme Court ruling that Congress is allowed to attach "strings" (conditions of aid) to federal money given to states (raise drinking age to 21 to get highway funds); SD called it blackmail, which is illegal; SCOTUS called it "greenmail" and said it's legal

Front 56

unfunded mandates

Back 56

Programs that the federal government requires states to implement without federal funding.

Front 57

Americans With Disabilities Act

Back 57

1991 Federal law that banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings; no funds provided by federal government, thus, an UNFUNDED MANDATE

Front 58

No Child Left Behind Act

Back 58

Federal law enacted in January 2002 that introduced new accountability measures for elementary and secondary schools in all states that wish to receive federal aid.

Front 59

Printz v. US

Back 59

(1997) Court struck down part of the Brady Handgun Violence Act of 1993 because it mandated state and local officials to carry out background checks (federal agencies should do the checks, not local agencies); SCOTUS ruled that it stretched the Commerce Clause too far