Flashcards in Chapter 3 Deck (45)
When was dual federalism prevalent?
Founding through 1937
Another name for dual federalism.
State and national governments reign supreme in their respective spheres
Mingling of state and national responsibilities
Sharing of powers and policy assignments
Slang name for cooperative federalism
Shifting power toward the states
Who is new Federalism associated with?
Nixon and Reagan
Enumerated powers are derived from _________.
What is explicitly written in the constitution
National powers include:
Local and county governments are considered to be _______ governments.
Powers granted to congress but not denied to states
National supremacy clause
State laws must comply with national laws
Three obligations of state governments
-full faith and credit
-privileges and immunities clause
Full faith and credit
Each state must honor records of other states
Why is full faith and credit controversial?
Because it required states to recognize same sex marriages enacted in other states
In 1996, what bill was passed to weaken full faith and credit controversy?
Defense of Marriage Act (DOMA)
Citizens of other states granted the same rights as citizens of that state; cannot unreasonably discriminate against other citizens
Privileges and immunities clause
What is considered reasonable discrimination under privileges and immunities clause?
College tuition differences for in and out of state students
Governments expected to return convicts to the state they are accused in
Agreements between the states are called
3 Rights Guaranteed to States
1) Republican form of government
2) Protection from invasion and attack
3) new states granted same rights as old
Belief that the constitution limits national authority
Philosophy of interpreting the constitution narrowly, giving most rights to the states
Strict constructionist view
What group holds a strict constructionist view and believes in state rights?
Well known Decentralists include:
Ronald Reagan, Newt Gingrich, Barry Goldwater
Political parties who prefer Decentralist Approach
Republicans, Christian Fundamentalists, Southern Conservatives
A belief that the constitution was created by the people, not the states. Therefore, it's the people whose rights are important
The role of the national government in the centralist approach
Protecting citizens when states do not
Political party who favors Centralist Approach
Alexander Hamilton, Franklin D. and Theodore Roosevelt, Kennedy, Clinton, Obama
Historically dominant approach
Court case establishing the idea of implied powers
McCullock vs. Maryland
Congress can pass any law deemed necessary and proper
The right of congress to regulate virtually anything
Which type of grant is becoming more popular in America?
Traditionally, what political party favors block grants?
The effort to slow the growth of the federal government by returning many functions to the states.
Powers the Constitution specifically grants to one of the branches of the national government.
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
Powers inferred from the express powers that allow Congress to carry out its functions
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government will prevail.
McCulloch vs. Maryland
established principle of national supremacy, or the overruling power of national vs. state law
federal law’s precedence of state or local law