Block Grants
Federal money given to states with only general guidelines for its use. Gives states the flexibility of allocating where the money goes. Conditions of aid and mandates are usually attached to it. Was preferred by intergovernmental lobbies.
Categorical Grants
Federal money give to states with very strict, narrow, and specific rules to what the money should be used for. Was preferred by interest groups.
Dual Federalism
(late 1790's - New Deal 1930's) Layer Cake; separate but equal spheres of influence; distinct, separate, specific powers; National government only had powers that were listed in the Constitution; fewer concurrent powers, more nullification since states we
Transfer between Dual Federalism and CoOP Federalism
The Gibbons/McCullough cases expanded national powers; Civil War amendments took away some of the states powers
CoOperative Federalism
(New Deal - Great Society) Marble Cake; National government gains power; National and State jurisdictions became blurred; more concurrent powers, nulification was less likely; states had to follow more federal guidelines; National/State/Local governments
Creative Federalism
(Great Society [LBJ]- 1980's) Marble Cake; Liberal Agenda under LBJ; National government used block and categorical grants to control states; National government set more guidelines for states to follow; 1960's national government starting telling states
Competitive/New/Fiscal Federalism
Devolution Revolution" More conservative agenda under Reagan presidency; National government gives more responsibility to the states, block grants do give the states more flexibility but they came attached with conditions of aid and mandates, along with
Unfunded Mandate
An unfunded mandate is a statute or regulation that requires a state or local government to perform certain actions, yet provides no money for fulfilling the requirements. When a federal government imposes a law or regulation without necessary funding, it
Federal Mandate
A requirement the federal government imposes as a condition for receiving federal funds; usually deals with environmental policy and civil rights which makes it difficult for any state or local official to argue its attachment; governments way of keeping
General Revenue Sharing
federal aid to the states without any conditions on how the money is to be spent; abolished 1986 because federal government lost control; ultimate form of devolution
Devolution Revolution
slow growth of federal government by returning functions to states 1980's
Issued at hand during Dual Federalism
nulification, slavery
9th amendment
Unenumerated Rights , Powers Reserved to the People; anything not mentioned in the Constitution is reserved to the people
10th amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Percentage a state budgets is made up of national funding
25%
Percentage of all grants that are categorical
85-90%
McCullough vs. Maryland
Two question: Can Maryland tax the second national bank, Does Congress have the right to charter a national bank; necessary and proper clause; implied powers, elastic clause
Gibbons vs. Ogden
Questions: navigation commerce, extent of control of commerce by national government, whether congress has exclusive control over interstate commerce; supremacy clause; defined inter/intra state commerce; commerce clause