Federalism

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Federalism

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the evolving relationship between U.S. state governments and the federal government of the United States

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devolution

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the statutory granting of powers from the central government of a Sovereign state to government at a subnational level, i.e. state level

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sovereignty

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government free from external control

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unitary system

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a sovereign state governed as one single unit in which the central government is supreme

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confederation

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a union of political organizations

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Tenth Amendment

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powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people

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supremacy clause

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establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land" even if state laws or constitutions conflict.

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elastic clause (necessary and proper)

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granting Congress the power to pass all laws necessary and proper for carrying out the list of powers it was granted

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commerce clause

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an enumerated power listed in the United States Constitution The United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"

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Full Faith and Credit Clause

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addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings" of other states

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Privileges and Immunities Clause

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prevents a state from treating citizens of other states in a discriminatory manner, with regard to basic civil rights

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Enumerated Powers

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a list of nonspecific responsibilities which iterates the authority granted to the United States Congress. Congress may exercise only those powers that are granted to it by the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.

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reserved powers

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powers not delegated to the national government by the Constitution, nor prohibited to the states, are reserved to the states, or the people (10th amendment)

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concurrent powers

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held by both the states and the federal government and may be exercised simultaneously

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implied powers

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powers not given to the government directly through the Constitution

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denied powers

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powers which The Constitution prohibits from the Federal Government

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John Marshall

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4th chief justice; federalist; loose construction
Marbury v. Madison
McCulloch v. Maryland
Gibbons v. Ogden

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nullification

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legal theory that a state can refuse to recognize or to enforce a federal law passed by the United States Congress

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Kentucky and Virginia Resolutions

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political statements in favor of states' rights and Strict Constructionism; written secretly by Thomas Jefferson and James Madison.

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John C. Calhoun

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a leading Southern politician from South Carolina during the first half of the 19th century; in favor of states' rights, limited government, and nullification.

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dual federalism

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form of government works on the principle that the national and state governments are split into their own spheres, and each is supreme within its respective sphere

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layer cake federalism

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a clear delineation of authority and programs among the levels of government

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marble cake federalism

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a mixing of authority and programs among the national, state, and local governments

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Creative federalism and The Great Society (1960-1980)

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the national government channeled federal funds to local governments to address state problems. Great Society programs included numerous grants involving education, urban renewal, and poverty reduction

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New Federalism

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national policy mandates were challenged by the states (1980-present)

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initiative

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provides 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

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referendum

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a legislative act is referred for final approval to a popular vote by the electorate

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recall

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the act of removing an official by petition

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grants-in-aid

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money coming from central government for a specific project

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categorical grants

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made for some specific, closely defined purpose; conditions are usually attached

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block grants

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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

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revenue sharing grants

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Congress gave an annual amount of federal tax revenue to the states and their cities, counties and townships.

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mandates

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the authority granted by a constituency to act as its representative

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104th Congress

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1995-1997. Both chambers had Republican majorities for the first time since the 1950s; a budget impasse between Congress and the Clinton Administration that resulted in the Federal government shutdown of 1995; gave the responsibility of welfare to the states.

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unfunded mandates

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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

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second-order devolution

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refers to a flow of power and responsibility from the states to local governments

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third order-devolution

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increased role of nonprofit organizations and private groups in policy implementation