Unit I Basics Vocab Review Federalism Division of power between local and national levels

Dual Federalism State and National government are strictly separated; state exercises its accorded powers without national interference. Layer Cake (1800-1930)

Cooperative Federalism National/State/Local governments work together to solve problems, rather than making policies separately but equally Marble Cake (1930s-1970s)

Regulated Federalism Congress imposes legislation on states and localities, requiring them to meet national standards AKA Coercive Federalism/ Creative Federalism. LBJ. (1970-1980)

New Federalism National gives power back to the states (see devolution, Block Grants) AKA Competitive Federalism. (1980s, Reagan)

Devolution Granting powers from central government to a sovereign state (1st Order) Second Order Devolution: Flow of power/responsibility from State to Local governments Third Order Devolution: Flow of responsibility to private organizations from the public domain.

Block Grants Large sum of money granted by National government to a Regional with only general provisions for its use

Grants-In-Aid Money coming from central government for a specific project Ex: states had to move drinking age from 18 to 21 to continue to qualify for federal money for interstate highways

Revenue Sharing

Federal tax revenue granted to States/Local (1972-1986, ends with Reagan)

Categorical Grants Money issued by National government with strict provisions for use

Reserved Powers Powers reserved to States/People (under Tenth Ammendment)

Concurrent Powers Powers shared by both State and National government Ex: power to tax, build roads, establish bankruptcy laws, create lower courts

Enumerated Powers Powers specified in the Constitution to branches of government AKA Express Powers, Delegated Powers Ex: Congress can tax, borrow on credit, regulate commerce (w/foreign nations, states, Indians), coin money, establish lower courts, declare war, preside over DC, make all laws N&P Ex: President can approve/veto Bills/Resolutions passed by Congress, is Commander in Chief, make treaties (w/Senate approval), grant reprieves and pardons, must faithfully execute the law.

Denied Powers Powers the Constitution says Federal government cannot do

Implied Powers Powers authorized by a legal document (Constitution) which, while not stated, seem to be implied by powers expressly stated Ex: Executive Order, Necessary and Proper Clause for Congress.

McCulloch v Maryland States cannot tax Federal Banks Constitution grants to Congress implied powers for implementing the express powers, in order to create a functional national government. o Specifically, that Congress can create a national bank through the N&P Clause State action may not impede valid constitutional exercises of power by the Federal government. o National trumps State, because states surrendered ultimate sovereignty via ratification.

Sovereignty

having independent authority over a geographic area

Unitary System Governance in which all of the power resides in a central authority.

Republic Elect people to offices to make policy decisions. Indirect Democracy.

Bicameral Legislature, having two chambers. Usually requires a Concurrent Majority

Separation of Powers Model for the governance of a state in which the state is divided into branches, each with
separate and independent powers and areas of responsibility. No branch has more power than the other branches. Federalist 51 (if men were angels)

Confederation:
Permanent union of political units for common action in relation to other units. Loose.

Nullification:
Legal theory that a state has the right to nullify/invalidate any federal law which that state has deemed unconstitutional. Has never legally been upheld in the United States

Initiative
Means by which a petition signed by a certain minimum number of registered voters can force a public vote (plebiscite) Direct Initiative: Measure is put directly to a vote after being submitted by a petition Indirect Initiative: Measure is first referred to legislature, and then put to a popular vote only if not enacted by the legislature AKA Ballot Measure, Initiative Measure, Proposition

Referendum Recall Voters remove an elected official from office through a direct vote before his term has ended. Aka Recall Referendum/Representative Recall. Direct voting on a law/amendment. Can be used to recall a politician. Direct Democracy. Only happens at State/Local levels. There is no national provision for referendum. AKA Plebiscite, Ballot Question

Mandate Central government tells local government what do to

OR: The authority granted by a constituency to act as its representative o Central idea of Democracy: Government is legitimate because popular election is a mandate

Unfunded Mandate
Statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements

Necessary and Proper Clause (Art. I, Section 8, Clause 18) Congress can make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. AKA Basket Clause, Elastic Clause, Coefficient Clause, Sweeping Clause

Commerce Clause (Art. I, section 8, clause 3) Congress can regulate international, interstate, and Indian trade. Gives Congress the power to interfere in state matters if they can justify how it affects interstate trade. Very broadly applied. An enumerated power

Full Faith and Credit Clause (Art. IV, Sec. 1) States must respect the "public acts, records, and judicial proceedings of every
other state." DOMA breaks this clause.

Privileges and Immunities Clause (Art. IV, sec. 2) No State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States. 14 Amendment (1868).
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Supremacy Clause
(Art. VI, Clause 2) The U.S. Constitution, federal statutes, and U.S. Treaties are "the supreme law of the land."

Due Process
The legal requirement that the state must respect all of the legal rights that are owed to a person. The steps the government must go through to take away your rights.