Federalism Concepts and Grants

Bill of Attainder

• A legislative act declaring someone guilty without trial, prohibited by the Constitution.

Block Grant

• A grant type with fewer federal administrative conditions.
• Recipients have more flexibility in how to use the grant funds.

Categorical Grant

• Federal funds with limited recipient discretion.
• Recipients must adhere to strict administrative criteria.

Concurrent Powers

• Shared powers between states and the federal government.
• Examples include taxing, borrowing, lawmaking, and establishing court systems.

Cooperative Federalism

• A system where both levels of government work together to solve national problems.
• Layers of government are blended, resembling a marble cake.

Creeping Categorization

• A process where new administrative requirements are added to block grants.
• This might replace block grants with categorical grants.

Devolution

• A process where powers shift from the central government to subnational units within a unitary system.

Dual Federalism

• A system where states and the national government have separate authority.
• Their jurisdictions are clearly defined, creating a layer-cake model of federalism.

Elastic Clause

• Allows the national government to enact laws necessary for carrying out its constitutional duties.
• Found in Article I, Section 8.

Ex Post Facto Law

• A law that criminalizes an act retroactively.
• Prohibited by the Constitution.

Full Faith and Credit Clause

• Clause in Article IV, Section 1 of the Constitution.
• Requires states to honor court decisions, public acts, and contracts of other states.

General Revenue Sharing

• A type of federal grant with minimal conditions.
• States and local governments have flexibility in how to spend the money.

Immigration Federalism

• States gradually take on a role in immigration policies that were primarily federal.

New Federalism

• A style of federalism that emphasizes decentralization of policies.
• Aims to improve administrative efficiency, reduce public spending, and improve outcomes.

Nullfication

• A doctrine asserting that states can deem federal laws unconstitutional within their borders.
• Promoted by John Calhoun in the 1830s.

Privileges and Immunities Clause

• Clause in Article IV, Section 2 of the Constitution.
• Prevents states from discriminating against citizens of other states.
• Protects rights like access to courts, legal protection, and property rights.

Race-to-the-Bottom

• A competition among states to attract businesses.
• Often involves lowering taxes and regulations, sometimes to the detriment of workers.

Unfunded Mandates

• Federal laws imposing obligations on state and local governments.
• These mandates often do not provide full funding for them.

Venue Shopping

• A strategy where interest groups target the specific level of government.
• Groups select the governmental body most likely to support their policy goals.

Writ of Habeas Corpus

• A petition that enables someone in custody to challenge their detention in court.
• Used to determine whether detention is legal.

Federalism

• A system of government creating two levels.
• Levels of government have their own authority and capacity to act directly on individuals.

Unitay System

• A central government that holds substantial power.
• Subnational governments depend on the central government's authority.