Chapter 3 Vocabulary
Federal System- System of government in which the national government and state governments share power and derive all authority from the people.
Confederation- Type of government in which the national government derives its powers from the states
Unitary System-System of Government in which the local and regional government derive all authority from a strong national government.
Enumerated powers- The powers of the national government specifically granted to congress in Article I, Section 8 of the constitution.
Implied powers- The powers of the national government derived from the enumerated powers and the necessary and proper clause.
10th Amendment- the final part of the bill of rights that defines the basic principle of american federalism is stating that the powers not delegated to the national government are reserved to the states or to the people.
Reserved powers- Powers reserved to the states by the 10th amendment that lie at the foundation of a states right to legislate for the public health and welfare of its citizens.
Concurrent powers- Powers shared by the national and state governments.
Bill of attainder- A law declaring an act illegal without a judicial trial.
Ex Post Facto Law- Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
Full Faith and Credit Clause- Section of Article IV of the constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
Privileges and Immunities Clause- 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.
Extradition Clause- Part of Article IV of the constitution that requires states to extra dite or return criminals to states where they have been convicted or are to stand trial.
Interstate Compacts- Contracts between states that carry the force of law generally now used as a tool to address multistate policy concerns.
Dillion's rule- A premise articulated by Judge John F. Dillion in 1868 which states that local government do not have any inherent sovereignty and instead must be authorized by state government that can create or abolish them.
Charter- A document that like a constitution specifies the basic policies procedures and institution of local government charter for local government must be approved by state legislatures.
County- The basic administrative unit of local government.
Municipality- City government created in response to the emergence of relatively densely populated areas.
Special District- A local government that is restricted to a particular function.
McCulloch V. maryland (1819)- The supreme court upheld the power of the national government and derived the right of a state to tax the federal bank using the constitution supremacy clause the courts broad interpretation of the necessary and proper clause paved the way for later ruling upholding expansive federal powers.
Gibbonsv. Ogden (1824)- The supreme court upheld broad congressional power to regulate interstate commerce. The courts broad interpretation of the constitution commerce clause paved the way for later rulings upholding expansive federal powers.
Barron V. Baltimore- The supreme court ruled the the due process clause of the 5th amendment did not apply to the actions of states. This decision limited the bill of rights to the actions of congress alone.
Dual federalism- The belief that having separate and equally powerful levels of government is the best arrangement often referred to as layer-cake federalism.
Nullicication- The right of a state to declare void a federal law.
Dred Scott V Sandford (1857)- The Supreme court conducted that the U.S. congress lacked the constitutional authority to bar slavery in the territories. This decision narrowed the scope of national powers while it enhanced that of the states.
16th Amendment- Amendment to the U.S. constitution that authorized congress to enact a national income tax.
17th Amendment- Made senators directly elected by the people, removing their selection from state legislatures.
Cooperative federalism- The intertwined relationship between the nation state and local government that began with the New Deal often referred to as a marble cake federalism.
New Deal- The name given to the program of "relief, recovery, reform" begun by FDR in 1933 to bring the U.S. out of the great depression.
Categorical Grant- Grand that appropriates Federal funds to states for a specific purpose.
New Federalism- Federal state relationship proposed by Reagan administration during the 1980's.
Block Grant- A large grant given to a state by the federal government with only general spending guidelines.
Programmatic Request- Federal funds designated for special projects with in a state or congressional district.
Preemption- A concept that allows the national government to override the state or local actions in certain policy areas.
Progressive Federalism- A pragmatic approach to federalism that views relations between coercive and cooperative.
Chapter 3 Section Summaries
3.1 Roots of the federal system
The national government has both enumerated and implied powers under the Constitution. National and state governments share an additional group of concurrent powers. Other powers are received to the states or the people, or expressly denied to both governments. The powers of the national government are ultimately declared supreme. Local governments are not expressly mentioned in the constitution but are formed when state governments delegate their sovereign authority.
3.2 Federalism and the Marshall Court
The supreme court under the leadership of John Marshall played a key role in defining the relationship and powers of the national government through its broad interpretation of the supremacy and commerce clause.
3.3 Dual Federalism: States' Rights the Civil War, and Reconstruction
Dual federalism was characterized by a system of separate but equally powerful state and national governments. This system was exemplified by states' authority to regulate issues such as slavery, evident in the doctrine of nullification and the supreme courts' decision in Dred Scott V. Sanford (1857). The Civil War changed forever the nature of federalism with the ratification of the 16th and 17th amendments in 1913.
3.4 Cooperative Federalism: The Growth of National Government
The notion of equally powerful but separate national and state governments met in demise in the wake of the Great Depression. FDR's New Deal ushered in an era of cooperative federalism, in which the powers of the national and state and local governments became more integrated, working together to solve shared problem.
3.5 Federal Grants to State and Local Governments
The federal government provides money to state in a number of ways, including categorical grants, clock grants, and programmatic requests. Problems may result when he federal government creates programs without providing sufficient funds. These are called unfunded mandates.
3.6 Judicial Federalism
The Supreme Court has always been an important arbiter of the relationship between national and state governments. While many of the decisions of the Rehnquist Court favored state governments, more recent decision by the Roberts Court have favored national power in areas such as immigration and health care.
3.7 Toward Reform: Attempts to Balance National and State Power
The roles and relative strengths of the national and state governments have changed over time. Some political scientists argue that the national governments is best suited for redistributive policy and the states for developmental policy. Progressive approaches to federalism combine coercion and cooperation to achieve desired policy objectives.
Sites:
The Limits of Nullification
Federal System- System of government in which the national government and state governments share power and derive all authority from the people.
Confederation- Type of government in which the national government derives its powers from the states
Unitary System-System of Government in which the local and regional government derive all authority from a strong national government.
Enumerated powers- The powers of the national government specifically granted to congress in Article I, Section 8 of the constitution.
Implied powers- The powers of the national government derived from the enumerated powers and the necessary and proper clause.
10th Amendment- the final part of the bill of rights that defines the basic principle of american federalism is stating that the powers not delegated to the national government are reserved to the states or to the people.
Reserved powers- Powers reserved to the states by the 10th amendment that lie at the foundation of a states right to legislate for the public health and welfare of its citizens.
Concurrent powers- Powers shared by the national and state governments.
Bill of attainder- A law declaring an act illegal without a judicial trial.
Ex Post Facto Law- Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
Full Faith and Credit Clause- Section of Article IV of the constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
Privileges and Immunities Clause- 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.
Extradition Clause- Part of Article IV of the constitution that requires states to extra dite or return criminals to states where they have been convicted or are to stand trial.
Interstate Compacts- Contracts between states that carry the force of law generally now used as a tool to address multistate policy concerns.
Dillion's rule- A premise articulated by Judge John F. Dillion in 1868 which states that local government do not have any inherent sovereignty and instead must be authorized by state government that can create or abolish them.
Charter- A document that like a constitution specifies the basic policies procedures and institution of local government charter for local government must be approved by state legislatures.
County- The basic administrative unit of local government.
Municipality- City government created in response to the emergence of relatively densely populated areas.
Special District- A local government that is restricted to a particular function.
McCulloch V. maryland (1819)- The supreme court upheld the power of the national government and derived the right of a state to tax the federal bank using the constitution supremacy clause the courts broad interpretation of the necessary and proper clause paved the way for later ruling upholding expansive federal powers.
Gibbonsv. Ogden (1824)- The supreme court upheld broad congressional power to regulate interstate commerce. The courts broad interpretation of the constitution commerce clause paved the way for later rulings upholding expansive federal powers.
Barron V. Baltimore- The supreme court ruled the the due process clause of the 5th amendment did not apply to the actions of states. This decision limited the bill of rights to the actions of congress alone.
Dual federalism- The belief that having separate and equally powerful levels of government is the best arrangement often referred to as layer-cake federalism.
Nullicication- The right of a state to declare void a federal law.
Dred Scott V Sandford (1857)- The Supreme court conducted that the U.S. congress lacked the constitutional authority to bar slavery in the territories. This decision narrowed the scope of national powers while it enhanced that of the states.
16th Amendment- Amendment to the U.S. constitution that authorized congress to enact a national income tax.
17th Amendment- Made senators directly elected by the people, removing their selection from state legislatures.
Cooperative federalism- The intertwined relationship between the nation state and local government that began with the New Deal often referred to as a marble cake federalism.
New Deal- The name given to the program of "relief, recovery, reform" begun by FDR in 1933 to bring the U.S. out of the great depression.
Categorical Grant- Grand that appropriates Federal funds to states for a specific purpose.
New Federalism- Federal state relationship proposed by Reagan administration during the 1980's.
Block Grant- A large grant given to a state by the federal government with only general spending guidelines.
Programmatic Request- Federal funds designated for special projects with in a state or congressional district.
Preemption- A concept that allows the national government to override the state or local actions in certain policy areas.
Progressive Federalism- A pragmatic approach to federalism that views relations between coercive and cooperative.
Chapter 3 Section Summaries
3.1 Roots of the federal system
The national government has both enumerated and implied powers under the Constitution. National and state governments share an additional group of concurrent powers. Other powers are received to the states or the people, or expressly denied to both governments. The powers of the national government are ultimately declared supreme. Local governments are not expressly mentioned in the constitution but are formed when state governments delegate their sovereign authority.
3.2 Federalism and the Marshall Court
The supreme court under the leadership of John Marshall played a key role in defining the relationship and powers of the national government through its broad interpretation of the supremacy and commerce clause.
3.3 Dual Federalism: States' Rights the Civil War, and Reconstruction
Dual federalism was characterized by a system of separate but equally powerful state and national governments. This system was exemplified by states' authority to regulate issues such as slavery, evident in the doctrine of nullification and the supreme courts' decision in Dred Scott V. Sanford (1857). The Civil War changed forever the nature of federalism with the ratification of the 16th and 17th amendments in 1913.
3.4 Cooperative Federalism: The Growth of National Government
The notion of equally powerful but separate national and state governments met in demise in the wake of the Great Depression. FDR's New Deal ushered in an era of cooperative federalism, in which the powers of the national and state and local governments became more integrated, working together to solve shared problem.
3.5 Federal Grants to State and Local Governments
The federal government provides money to state in a number of ways, including categorical grants, clock grants, and programmatic requests. Problems may result when he federal government creates programs without providing sufficient funds. These are called unfunded mandates.
3.6 Judicial Federalism
The Supreme Court has always been an important arbiter of the relationship between national and state governments. While many of the decisions of the Rehnquist Court favored state governments, more recent decision by the Roberts Court have favored national power in areas such as immigration and health care.
3.7 Toward Reform: Attempts to Balance National and State Power
The roles and relative strengths of the national and state governments have changed over time. Some political scientists argue that the national governments is best suited for redistributive policy and the states for developmental policy. Progressive approaches to federalism combine coercion and cooperation to achieve desired policy objectives.
Sites:
The Limits of Nullification