federalism
A system of government in which power is divided by a written constitution between a central government and regional or subdivisional governments. Each level must have some domain in which its policies are dominant and some genuine constitutional guarante
unitary system
A centralized governmental system in which local or subdivisional governments exercise only those powers given to them by the central government. The majority of countries use this, including France, Britain, Egypt, Japan, and Sweden.
confederal system
A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states. The US under the Articles of Confederation was an example of this. Th
benefits of federalism for the US
State governments offer great training for future national leaders and new government initiatives. Many political subcultures have also been allowed to develop.
arguments against federalism
Powerful state and local interests could block progress and impede national plans. Smaller political units could be dominated by a single political group, and dominant groups in some states and cities can resist giving equal rights to minority groups. Ame
types of powers in the Constitution
1. powers of the national government
2. powers of the states
3. prohibited powers
elastic clause, or necessary and proper clause
The clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated powers.
inherent powers
A special category of national powers allowing the United States as a sovereign power to only deal with other nations. Abilities include waging war, making treaties, seeking trade, and acquiring territory.
reserved powers
Powers left to the states by the 10th Amendment. Some include the right to regulate commerce within the state's borders, the right to provide a state militia, and police power.
police power
The authority to legislate for the protection of the health, morals, safety, and welfare of the people. In the U.S., most is reserved to the states.
concurrent powers
Powers held jointly by the national government and state governments. Most are implied and not stated directly in the Constitution. Examples include the power to tax, to borrow funds, to establish courts, and to charter banks and corporations.
prohibited powers
Powers not granted to the national or state governments.
supremacy clause
(Article VI, Clause 2) The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws. The application of this has caused continuous conflict, the worst example being the Civil War.
vertical checks and balances
The checks and balances system involving relationships between the states and national government.
horizontal checks and balances
The checks and balances system in which the branches of government on the same level (state or national) may check one another.
full faith and credit clause
This section of the Constitution requires states to recognize one another's laws and court decisions. It ensures that rights established under deeds, wills, contracts, and other civil matters in one state will be honored by other states. Applies only to c
priveleges and immunities
Special rights and exeptions provided by law. States may not discriminate against one another's citizens, and are obligated to extend to citizens of other states the same rights and privileges as their own citizens.
extradite
To surrender an accused or convicted criminal to the authorities of the state from which s/he has fled; to return a fugitive criminal to the jurisdiction of the accusing state.
interstate compact
An agreement between two or more states. Agreements on minor matters are made without congressional consent, but those that tend to increase the power of the contracting states relative to other states or relative to the national government generally requ
McCulloch v. Maryland
Dispute over when the government of Maryland imposed a tax on the Second Bank of the United States, bringing up questions about whether the Bank was "necessary and proper" and if the state was allowed to tax it if it were constitutional. In the end, Chief
commerce clause
The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.
Gibbons v. Ogden
Conflict started when New York prohibited Thomas Gibbons from starting an interstate ferryboat business without the state's permission (after rival Aaron Ogden sued him). This brought up the issues of the definition of "commerce," whether the national gov
dual federalism
A system in which the states and the national government each remain supreme within its own sphere. The doctrine looks on nation and state as coequal sovereign powers. Neither the state nor the national government should interfere with the other's sphere.
cooperative federalism
The theory that the states and the national government should cooperate in solving problems. Used by some political scientists to describe the US era since 1937.
picket-fence federalism
A model of federalism in which specific programs and policies (depicted as vertical pickets in a picket fence) involve all levels of government--national, state, and local (depicted by the horizontal in a picket fence).
categorical grants
Federal grants to states or local governments that are for specific programs or projects, such as Medicaid, highway construction, unemployment benefits, housing assistance, and welfare programs assisting mothers with dependent children and people with dis
formula grants
A type of categorical grant that fund state programs using a formula based on such variables as the state's needs, population, or willingness to come up with matching funds. Most categorical grants before the 1960s were these.
program grants
A type of categorical grant that requires states to apply for grants for specific programs. The applications are evaluated by the national government, and the applications may compete with one another. They give the national government a much greater degr
block grants
Federal programs that provide funds to state and local governments for general functional areas, such as criminal justice or mental health programs. The states prefer these type of grants.
federal mandate
A requirement in federal legislation that forces states and municipalities to comply with certain rules. These tend to be used to require that the states improve environmental conditions and civil rights of certain groups.
waivers
Allow individual states to try out innovative approaches to carrying out mandates. Used by the national government to moderate the burden of federal mandates.
What has national authority accomplished?
Freed the slaves during the Civil War. During the New Deal, it used unprecendented levels of government intervention in the economy. Under Lyndon Johnson, it gave equal treatment to African Americans and increased funds for antipoverty.
Why should the states favor the status quo?
Bringing national authority to bear on particular issues may impose national standards not adopted by all states. State competition may be healthier and more beneficial without the restraint of national legislation. Local economic interests may have more
devolution
The transfer of powers from a national or central government to a state or local government. This has been a major theme for the Republican Party since 1968.
New Federalism
Idea of President Nixon in which he wanted to devolve authority from the national government to the states, involving the conversion of categorical grants to block grants and revenue sharing in which the national government would provide direct and uncond
United States v. Lopez
1995 case in which the Supreme Court stated that Congress's Gun-Free School Zones Act was unconstitutional, saying that it attempted to regulate an area not pertaining to economic enterprise. This was the first time in 60 years that the Court had placed a
United States v. Morrison
2000 case in which the Supreme Court held that Congress overreached its authority under the commerce clause when it passed the Violence against Women Act.
Alden v. Maine
1999 case in which the Supreme Court held that Maine state employees couldn't sue the state for violating the overtime pay requirements of a federal act. Said that state immunity from lawsuits like this "is a fundamental aspect of the sovereignty which th
Kimel v. Florida Board of Regents
2000 case when the Court held that the 11th Amendment precluded employees of a state university from suing the state to enforce a federal statute prohibiting age-based discrimination.
Nevada v. Hibbs
2003 case that stated that state employers must abide by the federal Family and Medical Leave Act, since it seeks to outlaw gender bias.