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Federalism

KHS Federalism

QuestionAnswer
Federalism Sovereignty is shared so that on soem matters the national government is supreme and on others the states are supreme
unitary system Sovereignty is wholly in the hands of the national government so that subnational governments are wholly dependent upon its will
confederal system Sovereignty is wholly in the hands of the states and local governments so the national government is dependent upon their will
police powers powers held by states to enact laws and regulations that promote citizens' health, safety, and morals
reserved powers powers that are kept for or reserved for the states or the people as enumerated in the 9th and 10th amendments
necessary and proper clause (elastic clause) The final clause in Article I, Section 8 which grants Congress the power to carry out the enumerated powers
Supremacy Clause Found in Article VI, this clause places the Constitution, federal law, and treaties as the supreme law of the land
Full Faith and Credit Clause Found in Article IV, Section 1, this clause requires states to recognize public acts, records, and judicial proceedings of other states
McCulloch v. Maryland (1819) This case drew upon the necessary and proper and supremacy clauses to defend Congresses establishment of a national bank and unconstitutionality of states taxing that bank.
Nullification A doctrine promoted by states' rights supporters which held that states are empowered to void federal laws considered in violation of the Constitution
dual federalism One interpertation of the Constitution that held that states are as supreme in their sphere of power as the federal government is within it sphere of power
cooperative federalism Since 1933, government functions are undertaken jointly by the federal and state agencies so that sovereignty is shared.
Devolution An effort to scale back the size and scope of the federal government by returning management of programs to the states
mandate A requirement imposed upon state and local governments from law or the courts
unfunded mandate A requirement imposed upon state and local governments for which no federal money is provided to assist with compliance
grants-in-aid federal funds provided to states and localities
block grants grants given by the federal government to state and local governments for general purposes with few restrictions
categorical grants Grants given by the federal government to state and local authorities for a specific purpose defined by federal law
formula grant A type of categorical grant which uses a formula (often population) to distribute funds
project grant A type of categorical grant which uses a competitive application process to award the grant
conditions of aid A condition or requirement which a state government must fulfill in return for taking federal funds
entitlements A claim for government funds which cannot be taken away by law
U.S. v. Lopez (1995) Supreme Court found the Gun-Free School Zones Act unconstitutional because it exceeded Congress's power under the commerce clause. Relates to federalism and the relationship between state and federal governments.
(general) revenue sharing Grants which states could use as they saw fit with few restrictions which allowed states more flexibility
special revenue sharing A plan to consolidate existing categorical grants so that the money wuold be combined into one large block grant.
initiative voters are allowed to place legislative matters directly on the ballot by getting enough signatures on a petition
referendum Voters may reject a measure voted by the legislature in the election ballot
recall voters remove a duly-elected official from office
Tenth Amendment Powers not delegated to the federal government nor denied to the states, are reserved for the states or the people.
Eleventh Amendment Protect states by limiting federal judicial jurisdiction. Federal courst may not hear cases in which a state is being sued by a citizen of the U.S. or citizens of foreign countires.
Ninth Amendment Just because a right is no enumerated does not mean the people are denied or do not retain that right.
Hatch Act (basic definition) The Hatch Act places restrictions on the political activities of employees of the U.S. federal government. The original 1939 Hatch Act was amended in 1993 to permit more political activity, but the following restrictions still apply:
Hatch Act (requirements) Federal workers cannot mess with an election, discuss politics with anyone doing business with the feds, get political contributions, be candidates for public office in partisan elections, engage in political activity or wear political buttons on duty
Created by: afailoni