Constitution and Federalism » Glossary

Anti-Federalists

The name given to opponents of ratification of the U.S. Constitution in 1787-1788. After ratification, Anti-Federalists continued to argue for strong state governments and a weaker national government.

Bill of Rights

The first ten amendments to the U.S. Constitution are typically referred to as the American Bill of Rights - constitutional protections of individual liberties and rights. Some are listed specifically (such as freedom of speech, press, and religion, and protection from unreasonable searches and seizures), but the Bill of Rights also states that people retain other rights just as important as those listed.

block grant

A grant of federal money by Congress to a state or local government to fund a general block of programs, with states deciding many issues about how specifically to spend the money.

categorical grant

A grant of federal money by Congress to a state or local government to fund a specific program, with guidelines and restrictions accompanying the money.

commerce clause

A clause in Article I, Section 8 of the U.S. Constitution giving Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

confederation

A type of government in which a group of independent states (regions, provinces) create a central (national) government and grant limited power to that central government, while retaining their sovereignty and the right to abolish the central government.

constitutional amendment

A formal change to a constitution, following amendment processes spelled out in the constitution itself.

constitutional law

The legal document (constitution) and its interpretations by courts. These together make up supreme (basic, fundamental) law, higher than statutory or administrative law.

constitutionalism

The concept that people should live under an agreement (a social contract) covering what the structure of government should be, what political processes will be followed, and what limitations shall be imposed on governmental power.

cooperative federalism

The concept that the national government and the state governments (even sometimes local governments) cooperate in working out details concerning which level of government takes responsibility for particular policy areas.

dual federalism

The concept that the national government and the state governments are sovereign in their respective spheres of authority, with clear delineation of powers, programs, and resources. It is sometimes called the exercise of concurrent powers, or "layer cake" federalism.

elastic clause

The last clause in Article I, Section 8 of the U.S. Constitution, giving Congress the power to pass any laws "necessary and proper" to carry out other constitutional duties. This clause is said to be so elastic that it can stretch to cover many things that Congress wishes to do.

federalism

A form of government in which power is constitutionally divided between a central (national) government and subnational (state, provincial, regional) governments. Both levels exercise some powers (rather than power being exclusive to the central government or the subnational governments).

Federalist Papers

Newspaper columns (campaign materials) written by Publius (a pseudonym of Alexander Hamilton, John Jay, and James Madison) in an effort to influence public opinion and state constitutional delegates to support ratification of the U.S. Constitution in 1788.

horizontal federalism

Relationships among state governments (within constitutional restrictions spelled out in Article IV of the U.S. Constitution).

individual rights

The concept (based in ideas about natural law, divine law, or constitutional law), that individual human beings have rights that governments cannot take away (though they may also be balanced with responsibilities).

judicial review

The authority of courts to determine the constitutionality of acts committed by the legislative and executive branches or state level of government and to nullify (strike down) acts judged to be in violation of the constitution.

legitimacy

Widespread acceptance of a government as being necessary, rightfully constituted, and rightly exercising power.

limited government

A precept of constitutionalism, that a government's power over individuals has limitations, that government officials are restrained by law, and thus that individuals' rights and liberties are protected against governmental power, even if that power is exercised in the name of a majority of people.

Madisonianism

James Madison's constitutional structuring of the American political system to achieve limited government (and guard against abuse of power) through devices including federalism, separation of powers, bicameralism, and supermajoritarianism.

majoritarianism

The concept that the preferences of a majority in a group (such as a nation) should prevail in the decision-making process.

marble cake federalism

Mixing of powers, resources, and programs between and among the national, state, and local governments.

ratification

Formal adoption of a constitution or a formal change to a constitution. Ratification of an amendment to the U.S. Constitution is accomplished (as directed by Congress) either by state legislatures or by state ratifying conventions.

republicanism

The idea that government should be based on the consent of the governed, through elected representatives (also called indirect democracy).

selective incorporation

The practice of the U.S. Supreme Court in selecting some (but not all) of the rights and liberties in the Bill of Rights that are considered "fundamental," and enforcing them against state governments, through the 14th Amendment's Due Process clause.

separation of powers

The division of power among legislative, judicial, and executive branches of government (rather than centralizing power in one organ).

sovereignty

Ultimate, final authority to make binding decisions, from which there is no appeal.

state constitution

A document spelling out for a state in the United States its governmental structure, political processes, and limitations on the uses of power, all within the federal structure of the states and the national government, under the supremacy of the U.S. Constitution.

states' rights

Legal, political, and governmental rights of state governments in the federal arrangement under the U.S. Constitution. Rather than enumerating states' rights, the Constitution lists some powers that states may <i>not</i> exercise (e.g., coining money), then the 10th Amendment states that powers not given to the national government and not prohibited to the states are reserved to the states or the people - the "Reserved Powers" clause.

supermajoritarianism

The concept that decisions must be agreed to by more than a simple majority to become valid (e.g., a two-thirds requirement), in order to facilitate compromise and widespread acceptance.

supremacy clause

The second paragraph of Article VI of the U.S. Constitution is known as the Supremacy Clause. It addresses the issue of the balance of power in the federal relationship between the national government and state governments by stating that the U.S. Constitution, laws passed by Congress, and treaties of the United States, are the supreme law of the land, and must be adhered to by the state governments.

unitary government

A system of governance with sovereignty held by one central government; subnational governments have only those powers granted them by the central government.