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Flashcards in Chapter 3 Deck (45)
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0
Q

Another name for dual federalism.

A

Layer cake

1
Q

When was dual federalism prevalent?

A

Founding through 1937

2
Q

State and national governments reign supreme in their respective spheres

A

Dual federalism

3
Q

Mingling of state and national responsibilities

A

Cooperative federalism

4
Q

Sharing of powers and policy assignments

A

Cooperative federalism

5
Q

Slang name for cooperative federalism

A

Marble cake

6
Q

Shifting power toward the states

A

New federalism

7
Q

Who is new Federalism associated with?

A

Nixon and Reagan

8
Q

Enumerated powers are derived from _________.

A

What is explicitly written in the constitution

9
Q

National powers include:

A
  • diplomatic recognition
  • national defense
  • acquiring territories
10
Q

Local and county governments are considered to be _______ governments.

A

State

11
Q

Powers granted to congress but not denied to states

A

Concurrent powers

12
Q

National supremacy clause

A

State laws must comply with national laws

13
Q

Three obligations of state governments

A
  • full faith and credit
  • privileges and immunities clause
  • extradition
14
Q

Full faith and credit

A

Each state must honor records of other states

15
Q

Why is full faith and credit controversial?

A

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

16
Q

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

A

Defense of Marriage Act (DOMA)

17
Q

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

A

Privileges and immunities clause

18
Q

What is considered reasonable discrimination under privileges and immunities clause?

A

College tuition differences for in and out of state students

19
Q

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

A

Extradition

20
Q

Agreements between the states are called

A

Compacts

21
Q

3 Rights Guaranteed to States

A

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

22
Q

Belief that the constitution limits national authority

A

Decentralists approach

23
Q

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

A

Strict constructionist view

24
Q

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

A

Decentralists

25
Q

Well known Decentralists include:

A

Ronald Reagan, Newt Gingrich, Barry Goldwater

26
Q

Political parties who prefer Decentralist Approach

A

Republicans, Christian Fundamentalists, Southern Conservatives

27
Q

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

A

Centralist

28
Q

The role of the national government in the centralist approach

A

Protecting citizens when states do not

29
Q

Political party who favors Centralist Approach

A

Democrats

30
Q

Famous Centralists

A

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

31
Q

Historically dominant approach

A

Centralist

32
Q

Court case establishing the idea of implied powers

A

McCullock vs. Maryland

33
Q

Congress can pass any law deemed necessary and proper

A

Elastic Clause

34
Q

The right of congress to regulate virtually anything

A

Commerce clause

35
Q

Which type of grant is becoming more popular in America?

A

Block

36
Q

Traditionally, what political party favors block grants?

A

Republican

37
Q

Devolution revolution

A

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

38
Q

Express powers

A

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

39
Q

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

A

Confederation

40
Q

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

A

Implied powers

41
Q

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.

A

National Supremacy

42
Q

McCulloch vs. Maryland

A

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

43
Q

Preemption

A

federal law’s precedence of state or local law

44
Q

3 concurrent powers

A

Taxing
Court systems
Law enforcement