Federalism 9 Flashcards

Terms Definitions
to approve
given the responsibility
necessary & proper clause
Provide for public safety
State power
True/False: Catholics were strong supporters of the New Deal.
Secretary of State; leading Democratic-Republican; opposed Hamilton's ideas; resigned because Washington liked Hamilton's ideas
Powers that provide states with considerable freedom to exercise authority as they choose
Exception to privileges and immunities
public universities
another name for cooperative federalism.
centralized federalism
delegated pwrs
nat. pwrs given by constit.
New federalism started under this president
Tenth Amendment
The constitutional amendment stating that "The powers not delegated to the United State by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
A 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.
Unitary System
when the central gov controls all
concurrent powesr
Collect taxes, build roads, courts, foreclosures, make/enforce laws
Terms set by the national government that states must meet whether or not they accept federal grants.
block grants
Money from the national government that states can spend within broad guidelines determined by Washington
Sixteenth Amendment
Authorized Congress to enact a national income tax
Exclusionary Rule
Illegally seized evidence can't be used in court of law
enumerated powers
powers of fed govt in constit.
as currently interpreted by the courts, this clause allows Congress to regulate almost any kind of economic activity
commerce clause
Establishment of local government is a ________ power
unfunded mandates
those regulations passed by Congress or issued by regulatory agencies to the states without federal funds to support them
Entitlement Grants
grants for purposes for transferring income to families and individuals.
categorical grants
Federal grants for specific purposes, such as building an airport.
provides for two basic levels of government (a dual government)
Expressed Powers
Those given specifically to the national/federal government
supremacy clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
privileges and immunities clause
constitution's stipulation that all citizens are entitled to certain "privileges and immunities" regardless of their state of residence
Police Power
State power to enact laws promoting health, safety, and morals.
A central premise in Marshall's analysis of federalism was that the government of the United States was established by
C) the people.
dual federation
The doctrine that both state and national governments are supreme in their respective spheres
direct orders
a regulation imposed by the u.s. government. for example, the Equal Opportunity Employment Act bars job discrimination by state and local governments on the basis of race, color, sex, and creed
Elastic Language
Article I: Congress shall have the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers" is an example of _______, common in the constitution. The founders did this because it would be too great a task to compile a exact list of everything the federal government was empowered to do, and because circumstances could change.
competitive fed.
1996-? states comig up with solutions to their problems ,states competing with each other and the federal govet on finding solutions to problems
second-order devolution
The flow of power and responsibility from states to local governments.
marble cake federalism
also known as cooperative federalism, it developed during the New Deal and is characterized by the federal government's becoming more intrusive in what was traditionally states' powers
Intergovernmental Relations
The working of the federal system--the entire set of interactions among national, state and local governments.
Project Grants
a type of categorical grant; awarded on the basis of a competitive application
17th Amendment
made senators directly elected by the people, not the state legilatures
division of powers
basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis
Declaration of Independence
A document announcing and justifying the Revolutionary War.
10, 30
Our national debt is (?)x greater than it was (?) years ago.
Supermacy Clause
The Constitution is the supreme law of the land and nothing can overrule it.
Confederal System
A system consisting of the league of Independent states, each having essentially sovereign powers. The central government created by such a leak had only limited powers over the state.
Operational Grants
A block grant for purposes such as running state child-care programs.
Special-act charter
applies to a certain city and lists what that city can and cannot do.
cooperative federalism
federalism in which the powers of the states and the natinal gov are so intertwined that oublic policed can happend only if the two level of govern cooperate
Grant- in-Aid
transfer of money from one level of government to another that doesn't need to be paid back
concurrent powers
powers that are shared by both the federal and state governments
exclusive powers
Those powers that can be exercised by the National Government alone
McCulloch v. Maryland
An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers
Maintain law and order
shared powers by the state and national gov.
Dillon's Rule
a rule that limits the powers of local gov't to those expressly granted by the state or those powers closely linked to the express powers
General-act Charter
A charter that applies to a number of cities that fall within a certain classification, usually based on city population. Thus in some states all cities over 100,000 population will be governed on the basis of one charter, while all cities between 50,000 and 99,999 population will be governed on the basis of a different one.
Devolution Revolution
The effort to slow the growth of the federal government by returning many functions to the states
block grant
a grant of federal money to state and local governments to support social welfare programs
10th Amendment
The powers not delegated to the US by the Constitution belong to the states
ex post facto law
A law that makes an act criminal although the act was legal when it was committed
3 major arguments for federalism
1. The prevention of tyranny
2. the provision for increased participation in politics
3. the use of the states as testing grounds or laboratories for new policies and programs
Brown v. Board of Education (1954)
SC concluded that separate but equal under plessy precedent were very unequal. Case that led the way for segregation in schools
An important outcome of Marshall's ruling in McCulloch v. Maryland (1819) was to
E) confirm the use of the necessary and proper clause by the federal government in the exercise of the constitutional powers granted to Congress.
3 Requirements of States to Each Other
1- Give Full Faith and Credit to each other's laws, 2- give one another's citizens privileges and immunities and 3- extradite criminals
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