a law declaring an act illegal wothout a judicial trail
block grant
broad grant with few strings attached; given to states by the federal government for specified activities such as secondary education or health services
Categorical Grants
grant for which congress appropriates funds for a specific purpose
Concurrent Powers
authority by both the state & national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law (Ex. Taxing)
Cooperative Federalism
the relationship between the national and state governments that began with the New Deal
dual federalism
the belief that having separate and equally powerful levels of government is the best arrangement
enumaritve powers
17 specific powers granted to congrees under article I section 8 of the U.S contistution these powers incude taxation, coinage of money, regulation of commerce, and the authoruty to provide for a national defense
ex post facto law
law passed after the fact thereby making previosly legal activity illegal and subject to current penalty prohibited by the U.S constitution
federal system
system of government where the national governement and state derive all authority from the people
full faith and credit clause
portion of article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other
Gibbons v. Ogden (1824):
The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.
interstate compacts
contracts between states that carry the force of law; generally now used as a tool to adress multi state policy concerns
McCulloch v. Maryland (1819):
The Supreme Court upheld the power of the national government and denied the right of a state to tax the bank. The court's broad interpretation of the necessary and proper clause paved the way for later ruling upholding expansive federal powers.
neccesary and proper clause
the final paragraph of article I section 8 of the U.S constitution which gives congresss the authority to pass all laws "neccesary and proper" to carry out the enumerated powers specified in the constitution; also called the elastic clause
new federalism
federal/state relation proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments
preemption
a concept derived from the Constitution's supremacy clause that allowed the national government to override or preempt state or local actions in certain areas
Privileges & 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
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
16th ammendment
to enact national income tax
10th ammnedment
final part of the Bill of Rights that defines the basic principle of American federalism in stating: “The powers not delegated to the United States by the Constitution, not prohibited by it to the states reserved to the states respectively, or to the people.”
Sovereign Immunity
The right of a state to be free from lawsuit unless it gives permission to suit, under the 11th amendment all states are considered sovereign.
supremacy clause
portion of article VI of the U.S constitution mandating that national law is supreme to (that is supercedes ) all other laws passed by the states or by any othe subvision of government
16th ammendment
made senetors direcly elected by the people removed thier elction form state legislaures
Unfunded Mandates
National laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements (ex. Clean water act and the safe drinking water act)
unitary system
system of government where the local and regional governments derive all authority from a strong national government (ex. Great Britain)