Podcast
Questions and Answers
What is Regulatory Federalism?
What is Regulatory Federalism?
- A system where states have all the power
- A federal system that does not involve state governments
- A system where the national government sets requirements for state and local governments (correct)
- A system of completely independent state governments
What is Revenue Sharing?
What is Revenue Sharing?
Distribution of part of the federal tax income to states and municipalities.
What are States' Rights?
What are States' Rights?
Powers retained by states that are not specifically delegated to the central government.
What does the 11th Amendment state?
What does the 11th Amendment state?
What does the 10th Amendment reserve?
What does the 10th Amendment reserve?
Define Fiscal Federalism.
Define Fiscal Federalism.
What are Grants In Aid?
What are Grants In Aid?
What is Extradition?
What is Extradition?
What is the Commerce Clause?
What is the Commerce Clause?
What are Delegated Powers?
What are Delegated Powers?
What are Implied Powers?
What are Implied Powers?
What was the significance of US v. Lopez?
What was the significance of US v. Lopez?
What did Gibbons v. Ogden reinforce?
What did Gibbons v. Ogden reinforce?
What was the ruling in McCulloch v. Maryland?
What was the ruling in McCulloch v. Maryland?
What is Preemption?
What is Preemption?
What are Inherent Powers?
What are Inherent Powers?
Define Devolution.
Define Devolution.
What is Picket-Fence Federalism?
What is Picket-Fence Federalism?
What is an Interstate Compact?
What is an Interstate Compact?
What does the Necessary & Proper Clause allow?
What does the Necessary & Proper Clause allow?
Define a Unitary System.
Define a Unitary System.
What is the requirement of Full Faith and Credit?
What is the requirement of Full Faith and Credit?
What are Expressed Powers?
What are Expressed Powers?
Define Categorical Grants.
Define Categorical Grants.
What is Dual Federalism?
What is Dual Federalism?
What are Block Grants?
What are Block Grants?
What does the Supremacy Clause establish?
What does the Supremacy Clause establish?
What is Cooperative Federalism?
What is Cooperative Federalism?
What are Confederal Systems?
What are Confederal Systems?
What is Nullification?
What is Nullification?
What is a Federal Mandate?
What is a Federal Mandate?
What does the Elastic Clause entail?
What does the Elastic Clause entail?
Define Concurrent Powers.
Define Concurrent Powers.
What are Enumerated Powers?
What are Enumerated Powers?
What are Reserved Powers?
What are Reserved Powers?
What is Police Power?
What is Police Power?
What are Unfunded Mandates?
What are Unfunded Mandates?
What does the 10th Amendment assert?
What does the 10th Amendment assert?
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Study Notes
Regulatory Federalism
- National government establishes requirements for implementation by state and local governments.
- Examples include the 1970 Occupational Safety and Health Act and the 1964 Civil Rights Act.
Revenue Sharing
- Federal tax income distributed to states and municipalities during Nixon's administration.
- Addresses state funding issues directly, offering states discretion in use.
States' Rights
- States retain powers not delegated to the national government by the Constitution.
11th Amendment
- Protects states from being sued in federal court by citizens or foreign states without consent.
10th Amendment
- Confirms reserved powers of states not specifically granted to the federal government.
Fiscal Federalism
- Framework involving federal spending, taxing, and grant provision, essential for state and local government relations.
Grants In Aid
- Financial assistance from the central government to states for specific projects like highways and education.
Extradition
- Process where a state surrenders an alleged criminal to the state where the alleged crime occurred.
Commerce Clause
- Grants Congress authority to regulate business activities that cross state lines or affect multiple states.
Delegated Powers
- Constitutional powers granted specifically to the federal government, detailed in Article 1, Section 8.
Implied Power
- Powers reasonably derived from enumerated powers; not explicitly stated but understood through actions.
US v. Lopez
- Supreme Court ruling in 1994 that limited Congressional authority under the gun-free school zone act regarding interstate commerce.
Gibbons v. Ogden
- 1824 Supreme Court ruling reinforcing the federal government's regulation of interstate commerce against state monopolies.
McCulloch v. Maryland
- Supreme Court ruling affirming federal authority over state actions, particularly tax issues related to a national bank.
Preemption
- Federal law's authority to override or prevent enforcement of state or local laws.
Inherent Powers
- Powers of the President derived from broadly interpreted constitutional statements, grounded in practice rather than strict laws.
Devolution
- Transfer of powers and responsibilities from the federal government back to the states.
Picket-Fence Federalism
- Model where specific programs and policies engage all government levels in a coordinated manner.
Interstate Compact
- Formal agreements between states or between a state and a foreign state, requiring congressional consent.
Necessary & Proper Clause
- Elastic Clause allowing Congress to enact laws deemed necessary for executing its constitutional powers.
Unitary System
- Centralized governmental structure where local governments operate under powers granted by the national government.
Full Faith and Credit
- Constitutional requirement for states to recognize each other's public acts, records, and judicial proceedings.
Expressed Powers
- Specific powers granted to Congress or the President outlined explicitly in the Constitution.
Categorical Grants
- Federal funds designated for specific state and local uses, often with attached conditions.
Dual Federalism
- Government system where federal and state authorities operate independently within their domains.
Block Grants
- Federal funding provided to states or communities for broader program initiatives without stringent conditions.
Supremacy Clause
- Establishes the Constitution, federal laws, and treaties as supreme over conflicting state laws within constitutional limits.
Cooperative Federalism
- Concept advocating collaboration between state and federal governments in addressing societal challenges.
Confederal Systems
- A governmental structure with a league of independent states holding sovereign powers, limiting central authority.
Nullification
- Concept of a state rejecting a federal law deemed unconstitutional.
Federal Mandate
- Legal requirements imposed by federal legislation on states and municipalities, such as the Americans with Disabilities Act.
Elastic Clause
- Article I, Section 8 provision allowing Congress to enact necessary and proper laws for governmental operation.
Concurrent Powers
- Powers exercised simultaneously by both national and state governments.
Enumerated Powers
- Powers assigned exclusively to the national government by Congress.
Reserved Powers
- Powers not granted to the federal government, reserved for states through the 10th Amendment.
Police Power
- Authority of state and local governments to legislate for public health, safety, morals, and general welfare.
Unfunded Mandates
- Federal requirements imposed on states without accompanying financial support, such as provisions in the Americans with Disabilities Act.
10th Amendment
- Affirms that powers not explicitly assigned to the federal government or denied to the states are reserved for the states.
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