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The effort to slow the growth of the federal government by returning many functions to the states.
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devolution revolution
The effort to slow the growth of the federal government by returning many functions to the states.
federalism
Constitutional arrangement whereby power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals.
unitary system
Constitutional arrangement in which power is concentrated in a central government.
confederation
Constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its power and do not give it direct authority over individuals.
express powers
Powers specifically granted to one of the branches of the national government by the Constitution.
implied powers
Powers inferred from the express powers that allow Congress to carry out its functions.
necessary and proper
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper for carrying out all powers vested by the Constitution in the national government.
inherent powers
The powers of the national government in the field of foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.
commerce clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
federal mandate
A requirement imposed by the federal government as a condition for the receipt of federal funds.
concurrent powers
Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.
full faith and credit clause
Clause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid.
extradition
Legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
interstate compact
An agreement among two or more states. The Constitution requires that most such agreements be approved by Congress.
national supremacy
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government prevail.
preemption
The right of a federal law or regulation to preclude enforcement of a state or local law or regulation.
centralists
People who favor national action over action at the state and local levels.
decentralists
People who favor state or local action rather than national action.
states' rights
Powers expressly or implicitly reserved to the states and emphasized by decentralists.
sovereignty
The authority to rule. Given to the government for order and preservation.
experimentation
State governments serve as proving grounds for exploring new public policies.
unfunded mandate
Regulations, or in some cases conditions for receiving grants, that impose costs on state or local governments or private entities for which they are not reimbursed by the federal government.
dual federalism
Each level of government is supreme in its own area. Prevalent through 1937.
cooperative federalism
Stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government.
New Federalism
Coined by Nixon, a movement to shift power back to the states. Saw an increased use of block grants by Congress.
reserved powers
States are allowed to act, per the 10th Amendment.
voting requirements
Requirements needed to cast a vote. Often seen as obstructions to suffrage.
concurrent powers
Powers to all levels of government (taxation, protection of civil rights).
privileges and immunities clause
Each state must grant some rights to citizens of other states.
McCulloch vs. Maryland
A more flexible interpretation of the Constitution is needed to endure.
Gibbons vs. Ogden
Only Congress has the right to regulate interstate commerce.
14th Amendment
States cannot limit rights without due process.
due process
The principle that the government must respect all of the legal rights that are owed to a person according to the law of the land.
equal protection
Provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws."
US v. Lopez
SCOTUS struck down the Gun Free School Zones Act.
US v. Morrison
SCOTUS struck down part of the Violence Against Women Act.
categorical grants
Congress appropriates funds for a specific purpose.
project grants
Congress appropriates a certain amount of money based on an application.
block grants
Broad grants with few "strings" attached. States have flexibility in implementation.
1996 Welfare Act
Block grants replaced categorical grants. Must work within 2 years, no federal funds within 5 years.
No Child Left Behind Act
A Republic effort, lots of "strings." Adopt subject matter standards, test all students, identify low performing schools based on tests, allow parents to transfer their students to other public schools.
American with Disabilities Act
A federal mandate imposed on the states in return for federal money to ensure accessible facilities for disabled.
Clean Air Act
Federal mandate for pollution cleanup.
IDEA
Federal mandate that requires educational resources for disabled students.
Mandates Reform Act of 1995
Part of Contract with America. Restricted future unfunded mandates, example of devolution revolution.
USA Patriot Act of 2002
Big government. New powers to investigate domestically.
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