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Flashcards in Chapter 3 Deck (45):
0

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

6

Shifting power toward the states

New federalism

7

Who is new Federalism associated with?

Nixon and Reagan

8

Enumerated powers are derived from _________.

What is explicitly written in the constitution

9

National powers include:

-diplomatic recognition
-national defense
-acquiring territories

10

Local and county governments are considered to be _______ governments.

State

11

Powers granted to congress but not denied to states

Concurrent powers

12

National supremacy clause

State laws must comply with national laws

13

Three obligations of state governments

-full faith and credit
-privileges and immunities clause
-extradition

14

Full faith and credit

Each state must honor records of other states

15

Why is full faith and credit controversial?

Because it required states to recognize same sex marriages enacted in other states

16

In 1996, what bill was passed to weaken full faith and credit controversy?

Defense of Marriage Act (DOMA)

17

Citizens of other states granted the same rights as citizens of that state; cannot unreasonably discriminate against other citizens

Privileges and immunities clause

18

What is considered reasonable discrimination under privileges and immunities clause?

College tuition differences for in and out of state students

19

Governments expected to return convicts to the state they are accused in

Extradition

20

Agreements between the states are called

Compacts

21

3 Rights Guaranteed to States

1) Republican form of government
2) Protection from invasion and attack
3) new states granted same rights as old

22

Belief that the constitution limits national authority

Decentralists approach

23

Philosophy of interpreting the constitution narrowly, giving most rights to the states

Strict constructionist view

24

What group holds a strict constructionist view and believes in state rights?

Decentralists

25

Well known Decentralists include:

Ronald Reagan, Newt Gingrich, Barry Goldwater

26

Political parties who prefer Decentralist Approach

Republicans, Christian Fundamentalists, Southern Conservatives

27

A belief that the constitution was created by the people, not the states. Therefore, it's the people whose rights are important

Centralist

28

The role of the national government in the centralist approach

Protecting citizens when states do not

29

Political party who favors Centralist Approach

Democrats

30

Famous Centralists

Alexander Hamilton, Franklin D. and Theodore Roosevelt, Kennedy, Clinton, Obama

31

Historically dominant approach

Centralist

32

Court case establishing the idea of implied powers

McCullock vs. Maryland

33

Congress can pass any law deemed necessary and proper

Elastic Clause

34

The right of congress to regulate virtually anything

Commerce clause

35

Which type of grant is becoming more popular in America?

Block

36

Traditionally, what political party favors block grants?

Republican

37

Devolution revolution

The effort to slow the growth of the federal government by returning many functions to the states.

38

Express powers

Powers the Constitution specifically grants to one of the branches of the national government.

39

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

Confederation

40

Powers inferred from the express powers that allow Congress to carry out its functions

Implied powers

41

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.

National Supremacy

42

McCulloch vs. Maryland

established principle of national supremacy, or the overruling power of national vs. state law

43

Preemption

federal law’s precedence of state or local law

44

3 concurrent powers

Taxing
Court systems
Law enforcement