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37 Cards in this Set

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  • Back
used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces)
the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level
the quality of having supreme, independent authority over a geographic area, such as a territory
Unitary System
a sovereign state governed as one single unit in which the central government is supreme and any administrative divisions (subnational units) exercise only powers that the central government chooses to delegate
an association of sovereign member states that, by treaty, have delegated certain of their competences (or powers) to common institutions, in order to coordinate their policies in a number of areas, without constituting a new state on top of the member states
Tenth Amendment
explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states or the people.
Elastic or Necessary and Proper Clause
The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Commerce Clause
clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress
Full Faith and Credit
addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments
Privileges and Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner. The text of the clause reads:
“ The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. ”
Enumerated Powers
a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress.[1] In summary, Congress may exercise the powers to which it is granted by the Constitution, and subject to explicit restrictions in the Bill of Rights and other protections found in the Constitutional text
Reserved Powers
under the Tenth Amendment to the United States Constitution, powers that the United States Constitution does not give to the federal government, or forbid to the states, are reserved to the states or the people
Concurrent Powers
powers that are shared by the state and the federal government
Implied Powers
those powers authorized by a legal document (from the Constitution) which, while not stated, are seemed to be implied by powers expressly stated
Denied Powers
The Constitution prohibits the Federal Government from doing. For instance, interfering with the free expression of religion or the right of people to petition the government.
John Marshall
the Chief Justice of the United States (1801-1835) whose court opinions helped lay the basis for American constitutional law while promoting nationalism and making the Supreme Court of the United States a center of power with the capability of overruling Congress
legal theory that a U.S. State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional
Kentucky and Virginia Resolutions
political statements drafted in 1798 and 1799, in which the Kentucky and Virginia legislatures resolved not to abide by Alien and Sedition Acts. They argued that the Acts were unconstitutional and therefore void, and in doing so, they argued for states' rights and strict constructionism of the Constitution
John C. Calhoun
a leading politician and political theorist from South Carolina during the first half of the 19th century. A powerful intellect, Calhoun eloquently spoke out on every issue of his day, but often changed positions. Calhoun began his political career as a nationalist and proponent of protective tariffs; later, he switched to states' rights, limited government, nullification and free trade
Dual Federalism
a legal theory which has prevailed in the United States since 1787, is the belief that the United States consists of two separate and co-sovereign branches of government. This form of government works on the principle that the national and state governments are split into their own spheres
Layer Cake Federalism
the relationship between the central government of a nation and that of its states, where the powers and policy assignments of the government hierarchy ("layers" of government) are clearly spelled out and distinct from one another
Marble Cake Federalism
Cooperative federalism is known as "marble cake Federalism"... and is based on a mixing of authority and programs among the national, state, and local governments.
Creative Federalism and The Great Society
a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the nineteenth century's dual federalism) or clashing over a policy in a system dominated by the national government.
New Federalism ( Competitive Federalism)
a political philosophy of devolution, or the transfer of certain powers from the United States federal government to the states. The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration to the states of some of the autonomy and power which they lost to the federal government as a consequence of President Franklin Roosevelt's New Deal.
a means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) on a proposed statute, constitutional amendment, charter amendment or ordinance, or, in its minimal form
a direct vote in which an entire electorate is asked to either accept or reject a particular proposal
a procedure by which voters can remove an elected official from office through a direct vote (plebiscite), initiated when sufficient voters sign a petition
money coming from central government for a specific project. This kind of funding is usually used when the government and parliament have decided that the recipient should be publicly funded but operate with reasonable independence from the state.
Categorical Grants
issued by the United States Congress, which may be spent only for narrowly-defined purposes. Additionally, recipients of categorical grants are often required to match a portion of the federal funds. About 90% of federal aid dollars are spent for categorical grant.
Block Grants
a large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent
Revenue Sharing Grants
gave an annual amount of federal tax revenue to the states and their cities, counties and townships. Revenue sharing was extremely popular with state officials, but it lost federal support during the Reagan Administration
the authority granted by a constituency to act as its representative
104th Congress
Apportionment of seats in the House of Representatives was based on the 1990 United States census. Both chambers had Republican majorities for the first time since the 1950s
Unfunded Mandates
regulations or conditions for receiving grants that impose costs on state or local governments or private entities for which they are not reimbursed by the federal government.
Conditions of Aid
regulations or conditions for receiving grants that impose costs on state or local governments or private entities for which they are not reimbursed by the federal government.
Second-Order Devolution
A flow of power and responsibility form the states to local governments.
Third-Order Devolution
A flow of power and responsibility form the states to local governments.