US Government Chapter 3

  1. Federal system
    two constitutionally recognized levels of government
  2. Sovereignty
    ultimate governing authority, with no legal superior
  3. Dual Sovereignty
    The existence of two governments, each with ultimate authority over different matters
  4. Unitary System
    The central government is sovereign - it’s the ultimate governing authority, with no legal superior.
  5. Confederal system
    several independent sovereign governments (such as the thirteen state governments in the American case) agree to cooperate on specified matters while each retains ultimate authority over all over governmental matters within its borders.
  6. Intergovernmental relations (IGR)
    the collaborative efforts of two or more levels of government working to serve the public
  7. Concurrent powers
    inherent governing functions that both the national and state governments hold jointly and each can use them at the same time
  8. Enumerated Powers
    Article 1 of the Constitution enumerates the matters over which congress holds the authority to make laws, including interstate and foreign commerce, the monetary system, general welfare, and national defense.
  9. Implied Powers
    powers that are not explicitly described but may be interpreted to be necessary to fulfill the enumerated powers
  10. Necessary and Proper Clause (sometimes called the Elastic Clause)
    states that Congress has the power to make all laws which shall be necessary and proper for carrying out its enumerated powers.
  11. The Supremacy Clause
    (Article VI of the Constitution) This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.
  12. Supreme Law of the Land
    Unless the Supreme Court finds a national law to be outside of the enumerated or implied powers, that law is constitutional
  13. Reserved Powers
    Tenth amendment asserts that 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.
  14. Police Powers
    The states’ reserved powers to protect the health, safety, lives, and property of their citizens
  15. McCulloch v. Maryland(1819)
    Congress established a national bank and Maryland tried to tax a branch of that bank within its borders believing they had the right to do so. Maryland said Congress did not have the constitutional authority to establish a national bank saying it was not an enumerated power. The national gov’t said the federal authority to establish a national bank was implied and that Maryland’s levying taxes on it impinged on the national gov’ts ability to fulfill its constitutional responsibilities.
  16. Horizontal Federalism
    The state to state obligations and relationships they mandates. Article IV sets forth the obligations that the states have to each other.
  17. Interstate Compacts
    State gov’ts have the right to forge agreements with other states
  18. Extradition
    The legal process of sending individuals back to a state that accuses them of having committed a crime and from which they have fled.
  19. Privileges and Immunities
    The constitution asserts that each state must guarantee the same privileges and immunities to all US citizens - citizens from other states who visit or move into the state - that it provides its own citizens.
  20. Full Faith and Credit Clause
    Article IV, Section 1 asserts that each state must recognize as legally binding the public acts, records, and judicial proceedings of every other state.
  21. New Judicial Federalism
    The practice whereby state judges base decisions regarding citizens’ legal rights and liberties on their state constitutions when these laws guarantee more than the minimum rights or liberties enumerated in the US Constitution.
  22. Dual Federalism
    The national government takes care of its enumerated powers and the states independently take care of their reserved powers.
  23. Grants-in-aid (Intergovernmental transfers)
    transfers of money from one level of government to another
  24. Cooperative Federalism
    collaborative, intergovernmental efforts to address domestic matters reserved to the states
  25. Centralized Federalism
    The national gov’t imposed its own policy preferences on state and local gov’ts. Directives in national legislation, including grant-in-aid programs with ever increasing conditions or strings attached to the money, force state and local governments to implement a particular national policy.
  26. Devolution
    the return of policy responsibilities to state and local governments
  27. Conflicted Federalism
    Republicans and Democrats broadly support devolution, but they debate which elements of the policy making process should be devolved: policy creation, financing, and/or implementation. The legislation and court decisions that result from these debates make for a complicated coexistence of dual federalism, cooperative federalism, and centralized federalism.
  28. Categorical Formula Grant
    most common type of grant-in-aid - a grant of money for narrow purpose, as defined by the national government. The legislation that creates such a grant includes a formula determining how much money is available to each grant recipient.
  29. Categorical Project Grant
    covers a narrow purpose, but unlike the formula grant, a project grant does not include a formula specifying how much money a recipient will receive. Those interested in receiving such a grant must compete for it by writing a proposal detailing what program they wish to implement and what level of funding they need. Generally offers much less funding and has strings attached.
  30. Block Grant
    The use of grant money is less narrowly defined by the national gov’t. Gives the recipient gov’t more discrimination to determine what program it will be used for within a broad policy area such as assistance to economically needy families with children.
  31. Intergovernmental Lobbying
    State and local gov’ts have increasingly lobbied national lawmakers during policy-making processes that create and reauthorize grants to limit the grant conditions - or at least to influence them to the states’ advantage. Lobbyists for an individual state work to ensure that the conditions, including the grants’ formulas, benefit that state.
  32. Mandates
    are clauses in national laws that direct state and local governments to do something specified by the national government. Most mandates relate to ensuring citizens’ civil rights and civil liberties.
  33. Preemption
    that a national policy supersedes a state of local policy because it deals with an enumerated or implied national power. People must obey and states must enforce the national law even if the state or local government has its own law on the matter.
Card Set
US Government Chapter 3
Chapter 3 Key Terms