unit 1C: federalism

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1
Federalism
A system of divides power between the national and state governments.
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Unitary system
A system where the central government has all the power over subnational governments.
3
Confederal system
A system where the subnational governments have most of the power.
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Expressed or enumerated powers
Powers explicitly granted to the national gov't through the Constitution.
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Implied powers
Powers not granted specifically to the national gov't but considered necessary to carry out the expressed/enumerated powers.
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Necessary and proper clause
Clause of the Constitution (Article 1, Section 8, Clause 18) that grants the federal gov't the authority to pass laws required to carry out its enumerated powers.
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Federal system
A system where power is divided between the national and states governments.
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Supremacy clause
Contained in Article VI of the Constitution, this clause establishes the Constitution and the laws of the federal gov't passed under its authority as the highest laws of the land.
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Commerce clause
Clause in the Constitution (Article 1, Section 8, Clause 3) that grants Congress the authority to regulate interstate business and commercial activity.
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Federal mandate
A requirement the federal government imposes as a condition for receiving federal funds.
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Reserved powers
Powers not given to the national gov't, which are retained by the states and the people.
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Concurrent powers
Powers granted to both states and the federal gov't in the Constitution.
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Full faith and credit clause
Clause in the Constitution (Article 4, Section 1) requiring states to recognize the public acts, records, and civil court proceedings from another state.
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Exclusive powers
Powers only the national government can exercise.
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Tenth Amendment
Reserves powers not delegated to the national gov't to the states and the people; the basis of federalism.
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Fourteenth Amendment
Provides that persons born in the U.S. are citizens and prohibits states from denying persons due process or equal protection under the law.
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Devolution
Returning more authority to state or local governments.
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Dual ("layer cake") federalism
State governments and national gov't operate independently in their own areas of public policy. Powers and policy assignments of the layers of government were distinct.
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Cooperative ("marble cake") federalism
States and national gov't work together to shape public policy. Sharing powers and policy assignments.
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Revenue sharing
When the federal gov't apportions tax money to the states with no strings attached.
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Grants-in-aid
Federal money provided to states to implement public policy objectives.
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Fiscal federalism
The federal government's use of grants-in-aid to influence policies in the states.
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Categorical grants
Grants-in-aid provided to states with specific provisions on their use. More "strings attached" to the money.
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Unfunded mandate
Federal requirements that states must follow without being provided with funding.
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Block grants
Grants-in-aid that give state officials more authority in the disbursement of federal funds. Less "strings attached" to the money.
26
McCulloch v. Maryland (1819)
Ruled that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the U.S. Constitution and federal laws over states laws.
27
U.S. v. Lopez (1995)
Ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control.
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