Federalism
What is Federalism?
The supreme court of an independent state to regulate its internal affairs without foreign interference.
What is sovereign power?
A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.
"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." The Court has interpreted this language to protect state power and limit the reach of the national government in areas such as environmental policy, gun control, and workplace regulations.
What is the tenth amendment?
National law that address discriminatory state laws. Authority for such legislation comes from Section 5 of the Fourteenth Amendment.
What is remedial legislation?
The form of federalism favored by Chief Justice Roger Taney, in which national and state governments are seen as distinct entities providing separate services. This model limits the power of the national government.
What is dual federalism?
What is police powers?
A form of government in which states hold power over a limited national government.
What is a confederal government?
A landmark Supreme Court ruling in 1819 that Maryland did not have the power to tax the Second Bank of the United States and that Congress did have the power to create the Bank under the "necessary and proper" clause and the "supremacy clause."
What is McCulloch V. Maryland?
Impositions of national priorities on the states through national legislation that is based on the constitution's supremacy clause.
What is Federal preemptions?
Emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility on national-state relations.
What is cooperative federalism?
Responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments.
Organizations that seek to coordinate policy across member nations.
What is intergovernmental organizations?
The idea that states are entitled to a certain amount of self-government, free of federal government intervention. This became a central issue in the period leading up to the Civil War.
What is states' rights?
Federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies.
What is unfunded mandate?
Policy makers within a particular policy area work together across the levels of government.
What is picket fence federalism?
Part of Article IV of the Constitution requiring that each state's laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines.
Federal aid to state or local governments that is provided for a specific purpose, such as a mass-transit program within the transportation budget or a school lunch program within the education budget.
What is a categorical grant?
Based on the Eleventh Amendment, immunity that prevents state governments from being sued by private parties in federal court unless the state consents to the suit.
What is states' sovereign immunity?
A form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding).
What is coercive federalism?
Transfer payments or grants from federal funds.
What is fiscal federalism?
Part of Article IV of the Constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states.
What is privileges and immunities clause?
Federal aid provided to a state government to be spent within a certain policy area, but the state can decide how to spend the money within that area.
What is a block grant?
A 1995 case that struck down a federal law regulating the possession of firearms around schools. It was the first time that the Court had restricted Congress's power to pass legislation under the commerce clause since the New Deal in the 1930s.
What is United States v. Lopez
A form of federalism in which states compete to attract businesses and jobs through the policies they adopt.
What is competitive federalism?