CHAPTER 3
Federalism
IMPORTANT TERMS
Article VI
A provision of the Constitution that makes the
laws and treaties of the federal government the
“supreme law of the land.”
*block grants
Grants given by the federal government to state
and local authorities for general purposes.
*categorical grants
Grants given by the federal government to state
and local authorities for a specific purpose defined
in a federal law.
charter
A special act charter will apply to a specific city
while a general act charter applies to all cities
within a certain classification (usually based on
population). These specify what a city may and
may not do. In contrast, a home rule charter
allows the city to do anything not prohibited by
the charter or state law.
city (municipal corporation or municipality)
An entity chartered by the state to exercise certain
defined powers and provide certain specific
services.
*confederation (or confederal system)
A form of government in which sovereignty is
wholly in the hands of the states and local
governments, so the national government is
dependent on their will.
*conditions of aid
A condition which a state government must fulfill
in return for taking federal funds.
devolution
The return of programmatic management to the
states, albeit with some federal guidelines in
place.
Dillon’s rule
The stipulation that the terms of all municipal
charters be narrowly interpreted. Reversed by
home rule charters, to some extent.
*dual federalism
An interpretation of the Constitution which holds
that states are as supreme within their sphere of
power as is the federal government within its
sphere of power.
*federal system
A form of government in which sovereignty is
shared, so that on some matters the national
government is supreme and on others the states
are supreme.
*federalism
The division of power between a national
government and regional (state) governments,
with the national government sovereign and the
states retaining significant powers.
*grants-in-aid
Federal funds provided to states and localities.
initiative
A provision that allows voters to place legislative
matters directly on the ballot by getting enough
signatures on a petition.
intergovernmental lobby
Lobbying activities by state and local officials
who establish offices in Washington, D.C. to
compete for federal funds.
*mandates
Requirements imposed on state and local
governments to perform. The requirements may
have nothing to do with the receipt of federal
funds and may originate from court orders.
McCulloch v. Maryland (1819)
A Supreme Court decision that settled two issues.
First, Congress can exercise powers not
specifically mentioned in the Constitution if the
power can be implied from an enumerated power.
This authority is conferred by the “necessary and
proper” clause. Second, the federal government is
immune to taxation by the states.
*necessary and proper clause
The final paragraph of Article I, section 8 of the
Constitution, which authorizes Congress to pass
all laws “necessary and proper” to carry out the
enumerated powers.
*nullification
A doctrine espoused on behalf of the states’ rights
position which holds that states are empowered to
void federal laws considered in violation of the
Constitution.
ordinances
City laws.
police power
The power of a government to enact laws and
regulations that promote citizens’ health, safety,
and morals.
recall
A provision that allows voters to remove a dulyelected official from office.
referendum
A provision that allows voters to reject a measure
voted by the legislature in the election ballot.
*revenue sharing
A grant-in-aid program that allowed states
maximum discretion in the spending of federal
funds. States were not required to supply
matching funds and they received money
according to a statistical formula. The program
was terminated in 1986.
*sovereignty
The supreme or ultimate political authority. A
sovereign government is one that is legally and
politically independent of any other government.
Tenth Amendment
An amendment to the Constitution which defines
the powers of the states, stipulating that the states
(or the people) retain all powers not specifically
delegated to the national government by the
Constitution.
*unitary system
A system in which sovereignty is wholly in the
hands of the national government, so that
subnational units are dependent on its will.