Chapter 3: Federalism

Front 1

A law declaring an act illegal without a judicial trial.

Back 1

Bill of attainder

Front 2

broad grant with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services.

Back 2

Block grant

Front 3

Grant for which Congress appropriates funds for a specific purpose.

Back 3

Categorical grant

Front 4

Authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law.

Back 4

Concurrent powers

Front 5

The relationship between the national and state governments that began with the New Deal.

Back 5

Cooperative federalism

Front 6

The belief that having separate and equally powerful levels of government is the best arrangement.

Back 6

Dual federalism

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seventeen specific powers granted to congress under Article I, section 8, of the US Constitution; these powers include taxation, coinage of money, regulation of commerce and the authority to provide for a national defense.

Back 7

Enumerated powers

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Law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the US Constitution.

Back 8

Ex post facto law

Front 9

Part of Article IV that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.

Back 9

Extradition clause

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System of government where the national government and state governments share some powers, derive all authority from the people, and the powers of the national government are specified in a constitution.

Back 10

Federal system

Front 11

Section of Article IV of the constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

Back 11

Full faith and credit clause

Front 12

(1824) the Court upheld broad congressional power over interstate commerce. The court’s broad interpretation of the Constitution’s commerce clause paved the way for later rulings upholding expansive federal powers.

Back 12

Gibbons v. Ogden

Front 13

Powers derived from the enumerated powers and the necessary and proper clauses. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

Back 13

Implied powers

Front 14

Contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns.

Back 14

Interstate compacts

Front 15

(1819) The Supreme Court upheld the power of the national government and denied the right of a state to tax the bank. The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.

Back 15

McCulloch v. Maryland

Front 16

The final paragraph of Article I, section 8, of the US Constitution, which gives congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified I the Constitution; also called the elastic clause.

Back 16

Necessary and proper clause

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Federal/state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments.

Back 17

New Federalism

Front 18

A concept derived from the Constitution’s supremacy clause that allows the national government to override or preempt state or local actions in certain areas.

Back 18

Preemption

Front 19

Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

Back 19

Privileges and immunities clause

Front 20

Powers reserved to the states by the Tenth amendment that lie at the foundation of a state’s right to legislate for the public health and welfare of its citizens.

Back 20

Reserve (or police) powers

Front 21

Made senators directly elected by the people; removed their selection from state legislatures.

Back 21

Seventeenth Amendment

Front 22

Authorized Congress to enact a national income tax.

Back 22

Sixteenth Amendment

Front 23

The right of a state to be free from lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all starts are considered sovereign.

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Sovereign immunity

Front 24

Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government.

Back 24

Supremacy clause

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Part of the Bill of Rights that reiterates powers not delegated to the national government are reserved to the states or to the people.

Back 25

Tenth Amendment

Front 26

national laws that direct states or local governments to comply with the federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements.

Back 26

Unfunded mandates

Front 27

System of government where the local and regional governments derive all authority from a strong national government.

Back 27

Unitary system

Front 28

What are the roots of the federal system and how does the US Constitution allocate governmental powers?

Back 28

The national government has both:
Enumerated and implied powers under the Constitution.
An additional group of concurrent powers are shared by national and state governments.
Other powers are reserved to the states for the people or expressly denied to both governments, although the national government is ultimately declared supreme.
The Constitution also lays the groundwork for the Supreme Court to be the arbiter in disagreements between states.

Front 29

What effect did the Marshall Court have on federalism?

Back 29

Early on, the Supreme Court played a key role in defining the relationship powers of the national government through:
Its broad interpretations of the supremacy and commerce clauses.

Front 30

What was the role of dual federalist before and after the Civil War?

Back 30

For many years, dual federalism:
As articulated by the Taney Court, tended to limit the national government’s authority in areas such as:
Slavery
Civil rights
Was the norm in relations between the nation and state governments.
However, the beginnings of a departure from this view became evident with the ratification of the Sixteenth and Seventeenth Amendments in 1913.

Front 31

What was the role of cooperative federalist during the New Deal and the growth of the national government?

Back 31

The notion of a limited federal government ultimately fell by the wayside in the wake of the Great Depression and Franklin D. Roosevelt’s New Deal.
This growth in the size and role of the federal government escalated during the Lyndon B. Johnson administration and into the mid to late 1970s.
Federal grants became popular solutions for a host of state and local problems.

Front 32

How did New Federalist return power to the states?

Back 32

After his election in 1980, Ronal Reagan tried to shrink the size and powers of the federal government though what he termed new Federalism.
This continued through the 1990s, most notably through the contract with America.
Initially, George W. Bush’s administration seemed committed to this devolution, but the September 11, 2001, terrorist attacks led to a substantial growth in the size of the federal government.

Front 33

How have Supreme Court rulings created reform through a new judicial federalism?

Back 33

The Rehnquist and Roberts Courts have redefined the parameters of federalism.
While many of the decision rendered in the 1990s supported state’s rights, several recent decision have expanded the powers of Congress.
Thus, the Court has set an ambiguous course in determining the definition and role of federalism.