Shared Flashcard Set

Details

Federalism Terms Review
Terms
38
History
09/19/2010

Additional History Flashcards

 


 

Cards

Term
Federalism
Definition

 

a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces).

Term
Devolution
Definition

The return of a power to the state gov't.

the idea is fueled by distrust of the federal gov't and the desire to save money  by reducing the size of "bloated federal Gov't"

Term
Sovereignty
Definition
 the quality of having supreme, independent authority over a territory.  It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided.
Term
Unitary System
Definition
A system of gov't where the local and regional gov'ts derive all authority from a strong national gov't.
Term
Confederation
Definition
Type of Gov't where the national gov't derives it powers from the states; a league of independant states.
Term
10th Amendment
Definition
Part of the Bill of Rights that reiterates powers not delegated to the nationals gov't are reserved to the states or to the people.
Term

Supremecy Clause

(Article VI)

Definition
Portion of Article VI of the U.S. Constitution mandating that national law is supreme to (that is supercedes) all other laws passed by the states or by any other subdivision of gov't.
Term

Elastic

or

"Necessary & Proper" 

Clause

Definition
The final paragraph of Article I, section 8 of the U.S. Constitution, which give Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution.
Term

Commerce Clause

Art. 1, Sect. 8, Clause 3

Definition
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".
Term

"Full Faith and Credit" Clause

Art. IV, Sect. 1

Definition
Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforcable in any other state.
Term

"Privileges and Immunities"

Clause

Art. IV, Sect. 2

Definition
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.
Term

Enumerated Powers

Powers (national) {also called Expressed or Delegated Powers}

Definition
17 specific powers granted to Congress under Article I, section 8, of the U.S. Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense. 
Term

Reserved Powers

(state)

Definition
Powers reserved to the states by the 10th Amendment that lie at the foundatiuon of a state's right to legislate for the public health and welfare of its citizens.
Term
Concurrent Powers
Definition
Authority possessed by both the state and the national gov'ts that may be exercised concurrently as long as that power is not exclusively within the scope of national power or conflict with national law.
Term
Implied Powers
Definition
Powers derived from the enumerated powers and the necessary and proper clause.  These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.
Term
Denied Powers
Definition
The Constitution prohibits the Federal Government from doing.
Term
John Marshall
Definition
An American jurist and statesman who shaped American constitutional law and made the Supreme Court a center of power.
Term
Nullification
Definition
 A legal theory that a U.S. State has the right to  invalidate, any federal law which that state has deemed unconstitutional.
Term

Kentucky and Virginia

Resolutions

 

Definition
"political statements in which the Kentucky and Virginia legislatures resolved to not abide by Alien and Sedition Acts. They argued that the Acts were unconstitutional and therefore void, and in doing so, they argued for state's rights and strict constructionism of the Constitution. "
Term
John C. Calhoun
Definition
 The 7th Vice President of the U.S. and a leading southern politician from South Carolina during the first half of the 19th century. Calhoun, a brilliant orator and writer, began his political career as a nationalist and proponent of protective tariffs; later, he was a proponent of free trade, states' rights, limited gov't, and nullification.
Term
Dual Federalism
Definition
The belief that having separate but equally powerful levels of gov't is the best arrangement.
Term
Layer Cake Federalism
Definition
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.
Term

Marble Cake

Federalism

Definition
Characterised by an intermingling of all levels of government in policies and programming.
Term

Creative Federalism

and

The Great Society

(LBJ)

Definition
A form of federalism popular during the Johnson administration from 1963 to 1969. It emphasized that the federal government determined the needs of the states.
Term

New Federalism

(Competitive Federalism)

Definition
Federal/state relationship proposed by Reagan administration during the 1980's; hallmark is returning administrative powers to the state gov'ts.
Term
Initiative
Definition
A process that allows citizens to propose legislation and submit it to the state electorate for popular vote.
Term
Referendum
Definition
An election whereby the state legislature submits proposed legislation to the state's voters for approval.
Term
Recall
Definition
A process in which voters can petition for a vote to remove office holders between elections.
Term
Grants-In-Aid
Definition
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.
Term
Categorical Grants
Definition
Grant for which Congress apppropriates funds for a SPECIFIC purpose.
Term
Block Grants
Definition
Broad grant with few strings attached; given to the states by the federal gov't for specified activities, such as secondary education or health services.
Term
Revenue Sharing Grants
Definition
Funding arrangement in which one government unit grants a portion of its tax income to another government unit.
Term
Mandates
Definition
A command,  indicated by an electorate's votes, for the elected officials to carry out their platforms.
Term
104th Congress
Definition
 A meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives.
Term
Unfunded Mandates
Definition
National laws that direct states or local gov'ts to comply with the federal rules or regulations (such as clean air or water standards) but contain no federal fundingg to defray the cost of meeting these requirements.
Term
Conditions of Aid
Definition
Federal rules attached to the grants that states receive. States must agree to abide by these rules in order to receive the grants.
Term

Second-Order

Devolution

Definition
A flow of power and responsibility form the states to local governments.
Term

Third-Order

Devolution

Definition

Increased role of non-profit organizations and private groups in policy implementation .