Chapter 3 Flashcards
Federation
Type of government in which the national government derives its powers from the states; a league of Independent states
Federal system
System of government in which the national government and the state governments share power and derive all authority from the people
Unitary system
System of government in which the local and regional governments derive all authority from a strong national government
Enumerated Powers
The powers of the national government specifically granted to Congress in article 1 section 8 of the Constitution
Implied powers
The powers of the national government derived from the enumerated powers and the necessary and proper clause
10th amendment
The final part of the Bill of Rights that defines the basic principles of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people
Reserved Powers
Powers reserved to the states by the 10th amendment that lie at the foundation of a states right to legislate for the public health and welfare of its citizens
Concurrent powers
Powers shared by the national and state governments
Bill of attainder
A law declaring an act illegal without a judicial trial
Ex post facto law
Law that makes an act punishable as a crime even if the action was legal at the time it was committed
Full faith and credit clause
Section of article 4 of the Constitution that ensures judicial decrees and contract made in one state will be binding in enforceable in any other state
Privileges and immunities clause
Part of article 4 of the Constitution guaranteeing that the citizens of each State are afforded the same rights as citizens of all other states
Extradition clause
Part of article 4 of the Constitution that requires states to extradite or return criminals to states where they have been convicted or are to stand trial
Interstate compacts
Contracts between states that carry the force of law generally now used as a tool for to address multistate policy concerns
Dillion’s rule
A premise articulated by judge John F Dillion in 1868 which states that local governments do not have any inherent sovereignty and instead must be authorized by state governments that can create or abolish them
Charter
A document that like a Constitution specifies the basic policies procedures and institutions of local government charters for local governments must be approved by state legislatures
County
The basic administrative unit of the local government
Municipality
City governments created in response to the emergency a relatively densely populated areas
Special district
A local government that is restricted to a particular function
McCulloch vs Maryland
The Supreme Court upheld the power of the national government and denied the right of the state to tax the federal bank using the constitution supremacy clause. The courts broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Gibbons vs Ogden
The Supreme Court upheld broad congressional power to regulate interstate commerce the courts broad interpretation of the Constitution commerce clause paved the way for later rulings upholding expansive federal powers
Barron v Baltimore
The Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states this decision limited the bill of rights to the actions of Congress alone
Dual federalism
The belief that having separate and equally powerful levels of government is best arrangement often referred to as layer cake federalism
Nullification
The right of the state to declare void a federal law
