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; a league of independent states
Unitary system
System of government in which the local and regional governments derive all authority from a strong national government
Enumerated powers
The powers of the national government specifically granted to Congress in Article 1, Section 8 of the Constitution
Implied powers
The powers of the national government derived from the enumerated powers and the necessary and proper clause
Reserved powers
Powers reserved to the states by the 10th Amendment that lie at the foundation of a state’s 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 4 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 4 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 4 of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial
Examples of enumerated powers
Coin money, conduct foreign relations, regulate commerce with foreign nations, among the state, and with Indian tribes, provide for an army and navy, and declare war
Examples of concurrent powers
Tax, borrow money, establish courts, make and enforce laws, charter banks, and spend money for the general welfare
Examples of reserved powers
Conducting elections, ratifying amendments to the constitution, take measures for public health, safety, and morals, exert powers the Constitution doesn’t delegate to the national gov or prohibit from the states, establish local govs, and regulate commerce within a state
Dual Federalism
The belief that having separate and equally powerful levels of government is the best arrangement, often referred to as layer-cake federalism
Cooperative Federalism
The intertwined relationship between the national, state, and local government that began with the New Deal, often referred to as marble-cake federalism
New Federalism
Federal-state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments
Progressive Federalism
A pragmatic approach to federalism that views relations between national and state governments as both coercive and cooperative
Characteristics of Dual Federalism
- National gov rules by enumerated powers only
- National gov has a limited set of constitutional purposes
- Each government unit - nation and state - is sovereign within its sphere
a) States are powerful components of the federal system and in some ways equals of the national gov
b) The functions and responsibilities of the national and state govs are theoretically different and practically separate - The relationship between nation and states is best categorized by tension
Characteristics of Cooperative Federalism
- National and State agencies typically undertake gov functions jointly rather than exclusively
- The nation and states routinely share power
- Power isn’t concentrated at any government level or in any agency (Madison’s many points of agencies)
a) Relies on the elastic clause
b) De-emphasizes the 10th Amendment
Grants-in-Aid
Money provided by one level of government to another to be spent for a given purpose
Categorical grant
Grant that appropriates federal funds to states for a specific purpose with strict requirements
2 types of categorical grants
Formula - specific rules define who is eligible and how much they can get
Project - awarded through a competitive application process
