Glossary of Federal Framework
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- enumerated powers
- Those powers that the Consitution explicitly assigns to the federal government
- implied powers
- Those powers that can be inferred from the explicit powers
- inherent powers
- Those powers that are not expressly granted to the federal government, but are nonetheless required in order to ensure the nation's survival
- reserved (residual) powers
- Those powers not identified in the Constitution, ans so are reserved to the people or to the states
- concurrent powers
- Joint powers that both the state and fedreal governments posses
- McCulloch v. Maryland (1819)
- Supreme Court held that the Necessary and Proper Clause premitted Congress to creat the National Bank, even though there is no explicit grant of such power in the Constitution
- Gibbons v. Ogden (1824)
- Court held that Congress' power to regulate interstate commerce should invovle an expansive and general reach to include commerce in general
- N.L.R.B. v. Jones & Laughlin Steel (1937)
- The Supreme Court held the Congress could regulate labor-management relations in a factory because of the effect it had on interstate commerce
- Heart of Atlanta Motel v. US
McClung v. Katzenbach
- Court upheld the Civic Rights Act of 1964, which prohibited racial discrimination in places of public accomodation b/c 1) the effect discrimination had on people travelling in interstate commerce 2) the negative effect on the flow of articles in commerce that result in racial discrimination
- South Dakota v. Dole (1987)
- The Court held that the federal government could condition the receipt of federal money for highways in states that adopted a federal drinking age of 21 years
- Printz v. United States (1997)
- The Court held that the federal government could not require state and local law enforcement officials to enforce a federal law without providing federal money and state acceptance of that federal support
- Narrow and specifically focused on a particular policy of the federal government. They limit spending to the discretion and flexibility of the recipient government.
- Formula Grants
- distrubeted according to a formula that specifies which governmental recipients are eligible and how much they're eligible to receive
- Project Grants
- Based on competitive applications by possible recipient governments. Usually recipient governments must provide matching money to the federal money it is receiving.
- Block Grants
- Treat large segments of policy, i.e., community development, law enforcement, or education. Recipient governments have more flexibility in determining how to spend the federal funds
- shift of responsibility from the federal government to individual state governments for certain policies
- commerce clause
- The section of the Constitution giving Congress the power to regulate trade among the states, with foreign countries, and with Native American tribes
- confederal system of government
- Consisting of a league of independent states, each having soveign powers. The central government created by such a league has only limited and delegates powers
- cooperative federalism
- The theory that the states and the national government cooperate in solving problems
- direct regulation
- Government regulation targeted at a specific firm or industry, as opposed to a regulation that's not targeted at a specific firm or industry but affects them anyway as is the case with some environmental regulations
- division of power (horizontal and vertical)
- Granting some powers to one governemt and some to another. Horizontal seperates powers b/w executive, legislative, and judicial branches. Vertical seperates b/w national and state governments
- dual federalism
- A system of government in which the states and the national government have coequal sovereign powers.
- elastic clause
- Grants Congress the power to choose whatever means are necessary to execute its specifically delegated powers.
- expressed powers
- Presidential powers expressly written into the Constitution or congressional statute
- federal mandate
- Federal rules requiring compliance by states and municipalities in order to obtain federal grant money
- federal system of government
- Divides power between a central government and divisional or regional governments. Each level must have some domain in which its policies are dominant and some genuine political or constitutional guarantee of its authority
- A system of government in which power is divided between a central government and regional or subdivisional governments
- The authors of the Constitution
- full faith and credit clause
- Requires states to recognize the laws and court decisions of other states. Due to this clause, deeds, wills, contracts and other civil matters in one state must be honored in other states
- horizontal federalism
- Relationships among states that are either constitutionally mandated or voluntary. Distinguishes state-state relations from state-federal relations.
- interstate commerce
- The buying and selling of commodities, transportation, and other commercial dealings across state lines.
- interstate compact
- Agreement between two or more states. The Constitution requires that these agreements recieve Congressional consent,but only those contracts that increase the powers of the states relative to other states and the national government are considered for Congressional consent
- intrastate commerce
- The buying and selling of commodities, transportation, and other commercial dealings entirely within a single state
- laboratories of democracy
- A concept that advocates allowing states the freedom to approach and try to solve problems in whatever way seems right to them.
- matching funds
- an agreement between two levels of government in which each level agrees to contribute funds to a specific project.
- New Deal
- The programs and policies introduced during the 1930's by President Franklin D. Roosevelt, designed to promote economic recovery and social reform
- new federalism
- A plan designed to limit the federal government's regulatory power by returning power to state governments
- Declaring something null and void. Prior to the Civil Way, state's rights advocates in the South claimed a state had the right to nullify a national law. They argued that ultimate power rested with the state governments.
- police power
- The power and authority to promote and safeguard the people's health, morals, safety, and welfare.
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