American Federalism Flashcards

1
Q

Devolution Revolution

A

The effort to slow the growth of the federal government by returning many functions to the states

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2
Q

Federalism

A

Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the US. The national and sub divisional governments both exercise direct authority over individuals

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3
Q

Dual Federalism (Layer Cake Federalism)

A

Views the Constitution as giving a limited list of powers, primarily foreign policy and national defense, to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity

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4
Q

Cooperative Federalism

A

Stresses Federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government

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5
Q

Marble Cake Federalism

A

Conceives of Federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual Federalism, with fixed divisions between layers of government

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6
Q

Competitive Federalism

A

Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services and taxes

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7
Q

Permissive Federalism

A

Implies that although Federalism provides “a sharing of power and authority between the national and state governments, the state’s share rests upon the permission and permissiveness of the national government.”

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8
Q

“Our Federalism”

A

Championed by Ronald Reagan, presumes that the power of the federal government is limited in favor of the broad powers reserved to the states

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9
Q

Unitary System

A

Constitutional arrangement that concentrates power in a central government

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10
Q

Confederation

A

Constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its powers and do not give it direct authority over individuals

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11
Q

Express Powers

A

Powers the Constitution specifically grants to one of the branches of the national government

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12
Q

Implied Powers

A

Powers inferred from the express Powers that allow Congress to carry out its functions

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13
Q

Necessary & Proper Clause

A

Clause, stating, Congress in addition to its express Powers has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

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14
Q

Inherent Powers

A

The powers of the national government in foreign affairs that the SC has declared do not depend on constitutional grants but rather grow out of the very existence of the national government

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15
Q

Commerce Clause

A

Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations

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16
Q

Federal Mandate

A

A requirement the federal government imposes as a condition for receiving federal funds

17
Q

Concurrent Powers

A

Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes

18
Q

Full Faith & Credit Clause

A

Requires each state to recognize the civil judgements rendered by the courts of the other states and to accept their public records and acts as valid

19
Q

Extradition

A

Legal process whereby an alleged criminal offender is surrendered by the officials of one states to officials of the state in which the crime is alleged to have been committed

20
Q

Interstate Compact

A

An agreement among two or more states. Congress must approve most agreements

21
Q

National Supremacy

A

Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local governments, the actions of the federal government will prevail

22
Q

Preemption

A

The right of a federal law or a regulation to preclude enforcement of a state or local law or regulation

23
Q

Centralists

A

People who favor national action over action at the state and local levels

24
Q

Decentralists

A

People who favor state or local action rather than national action

25
Q

Categorical-formula Grants

A

Congress appropriates funds for a specific purpose, allocated by formula and are subject to detailed federal conditions, often on a matching basis; that is, the local government receiving the federal funds must put up some of its own dollars. Provide federal supervision to ensure dollars are spent as Congress wants

26
Q

Project Grants

A

Congress appropriates a certain sum, allocated to state and local units, based on applications from those who wish to participate

27
Q

State’s Rights

A

Powers expressly or implicitly reserved to the states

28
Q

Block Grants

A

Broad state grants to states for prescribed activities with only a few strings attached. States have greater flexibility in deciding how to spend block grant dollars, but when the federal funds for any fiscal year are gone, there are no more matching federal dollars

29
Q

Direct Orders

A

Technique of Congress to establish federal regulations. Must be complied with under threat of criminal or civil sanction

30
Q

Cross-cutting Requirements

A

Technique of Congress to establish federal regulations. Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source

31
Q

Crossover Sanctions

A

Technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another

32
Q

Total & Partial Preemption

A

Technique of Congress to establish federal regulations. Total preemption rests on the national governments power under the supremacy and commerce clauses to preempt conflicting state and local activity. Building on this authority, federal law in certain areas entirely preempts state and local governments from this field. Sometimes federal law provides for partial preemption in establishing basic policies but requires states to administer them. Some programs give states an option not to participate, but if a state chooses not to do so, the national government steps in and runs the program.

33
Q

Mandatory Partial Preemption

A

The national government requires states to act on peril of losing other funds but provides no funds to support state action

34
Q

Creative Federalism

A

During the Great Society, the marble cake approach of intergovernmental relations

35
Q

Fiscal Federalism

A

Through different grant programs, slices up the marble cake into many different pieces, making it even more difficult to differentiate the functions of the levels of government.

36
Q

Linkage Institutions

A

The means by which individuals can express preferences regarding the development of public policy

37
Q

Photo Ops

A

Photo opportunities set up by the candidates. The media have been accused of simplifying complicated political issues by relying on photo ops to explain them to the public.

38
Q

Sound Bites

A

30-second statements on the evening news shows. The media have been accused of simplifying complicated political issues by relying on sound bites to explain them to the public.