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Gibbons v. Ogden The Supreme Court case which defined commerce as virtually every form of commercial activity. implied powers Those powers of the national government that flow from its enumerated powers and the "elastic clause" of the Constitution. Implied powers are best exemplified by congressional authority to pass environmental protection laws. inherent powers Those powers that belong to the national government simply because it is the national government. prohibited powers Expressly bar government from specific actions, e.g. state governments cannot coin money, no ex post facto laws or grant titles of nobility. concurrent powers Those powers which are exercised independently by both the national and state governments. Those powers shared by both levels of governments, i.e., state and national. reserved powers Those powers which are retained by the states.
horizontal federalism A concept founded on the "full faith and credit" clause of the U.S. Constitution. It describes the relationship between states, as opposed to the relationship between a state and the national government. supremacy clause (national supremacy) That constitutional requirement that federal law prevails over state law. Simply put, the actions of the national (central) government take precedence if the national government is acting within the scope of constitutional authority. administrative regulations Those rules promulgated by the executive branch that clarify, limit, explain and hone legislation.
marble cake federalism Refers to the three-layered system of government, i.e., national, state, and local governments which are intermingled.
cooperative federalism Concept to describe as various levels of government which are seen as related parts of a single governmental system, characterized more by cooperation and shared functions than by conflict and competition. creative federalism Term coined by President Lyndon B. Johnson to describe his own view of the relationship between Washington and the states. regulatory federalism Term used to describe the emergence of federal programs aimed at, or implemented by, state and local governments. unfunded mandates Federal laws that require states to meet certain regulatory standards, but provide no money to help the states comply. "Reagan's Revolution" (new federalism) A concept to restore to state governments the responsibility for making and implementing policies.
McCulloch v. Maryland Supreme Court case which established the key concepts of implied powers, broad construction of the Constitution, and national supremacy. The principle of the supremacy of federal law over state law is traceable to McCulloch v. Maryland. "Necessary and proper" is synonymous with "elastic clause" "implied powers," and "loose and flexible construction." enabling act A congressional act that allows the citizens of a territory desiring statehood to frame a state constitution. full faith and credit Constitutional provision which refers to the clause in Article IV of the Constitution which requires that each state respect the public acts, records, laws, records and court decisions of another state. extradition A constitutional provision which allows a state to request another state to return fugitives. It requires states to return a person charged with a crime in another state to that state for trial or imprisonment. interstate compacts Formal agreements, largely in the form of financial arrangements, which are entered into between states, only with the approval of Congress.
formula grants Federal grants for specific programs distributed according to community demographic factors, such as population or income. categorical grants Federal grants to states and local communities that are earmarked for specific purposes only, such as pollution control, schools, or hospitals. Also known grants-in-aid. equalization A formula for federal matching requirements that takes into account the state's or community's ability to pay. matching requirement A federal requirement that state or local governments must put up some of their own funds in order to get federal money. block grants Federal grants to the states and local communities that are for general use in a broad area, such as community development. general purpose grants The smallest category of federal grants which may be used by states and local communities mostly as they wish. Cathedral Home Page | Irish WebMail | Course Outline | American Government Main Page GOVT 2305 American
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