Flashcards in Chapter 3 Deck (45)
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When was dual federalism prevalent?
Founding through 1937
1
Another name for dual federalism.
Layer cake
2
State and national governments reign supreme in their respective spheres
Dual federalism
3
Mingling of state and national responsibilities
Cooperative federalism
4
Sharing of powers and policy assignments
Cooperative federalism
5
Slang name for cooperative federalism
Marble cake
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Shifting power toward the states
New federalism
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Who is new Federalism associated with?
Nixon and Reagan
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Enumerated powers are derived from _________.
What is explicitly written in the constitution
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National powers include:
-diplomatic recognition
-national defense
-acquiring territories
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Local and county governments are considered to be _______ governments.
State
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Powers granted to congress but not denied to states
Concurrent powers
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National supremacy clause
State laws must comply with national laws
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Three obligations of state governments
-full faith and credit
-privileges and immunities clause
-extradition
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Full faith and credit
Each state must honor records of other states
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Why is full faith and credit controversial?
Because it required states to recognize same sex marriages enacted in other states
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In 1996, what bill was passed to weaken full faith and credit controversy?
Defense of Marriage Act (DOMA)
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Citizens of other states granted the same rights as citizens of that state; cannot unreasonably discriminate against other citizens
Privileges and immunities clause
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What is considered reasonable discrimination under privileges and immunities clause?
College tuition differences for in and out of state students
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Governments expected to return convicts to the state they are accused in
Extradition
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Agreements between the states are called
Compacts
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3 Rights Guaranteed to States
1) Republican form of government
2) Protection from invasion and attack
3) new states granted same rights as old
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Belief that the constitution limits national authority
Decentralists approach
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Philosophy of interpreting the constitution narrowly, giving most rights to the states
Strict constructionist view
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What group holds a strict constructionist view and believes in state rights?
Decentralists
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Well known Decentralists include:
Ronald Reagan, Newt Gingrich, Barry Goldwater
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Political parties who prefer Decentralist Approach
Republicans, Christian Fundamentalists, Southern Conservatives
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A belief that the constitution was created by the people, not the states. Therefore, it's the people whose rights are important
Centralist
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The role of the national government in the centralist approach
Protecting citizens when states do not
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