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Flashcards in Chapter 3 Deck (39):
1

Unitary system

A constitutional arrangement that concentrates power in a central government

2

Confederation

A constitutional arrangement in which sovereign nations or states by compact create a central government but carefully limit its powers and do not give it direct authority over individuals

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Delegated powers

Powers given explicitly to the national Government and listed in the Constitution

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Implied powers

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

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Necessary and proper clause

The clause in the Constitution setting forth the implied powers of Congress. It states that Congress in addition to its expressed powers, has the right to make all laws necessary and proper to carry out all other powers the Constitution invest in the national government

6

Inherent powers

The power of the national government in for affairs at the Supreme Court has declared do not depend unconstitutional grants but rather grow out of the national government obligation to protect the nation from domestic and foreign threats

7

Supremacy clause

Contained in article 5 of the constitution, the clause gives national laws the absolute power even Wednesday to have enacted a competing law

8

Commerce clause

The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations

9

Federal mandate

A requirement the national government imposes as a condition for receiving federal funds

10

Reserve powers

All powers not specifically delegated to the national government by the Constitution which are given to the statesThere is her powers can be found in the 10th amendment to Constitution

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Concurrent powers

Powers of the Constitution gives to both the national and state government such as the power to levy taxes

12

Full faith and credit clause

The clause in the Constitution requiring each state to recognize the civil judgments rendered by the courts of the other states and to except public records and act as valid

13

Extradition

The legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed

14

Interstate compact

An agreement among two or more states. Congress must approve most such agreements

15

National supremacy

A constitutional doctrine that when ever conflict occurs between the constitutionally authorized actions of the national government and those of the state or local government actions of the national government prevail

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Preemption

The right of the national autoregulation to pollute enforcement of the state or local law or regulation

17

Centralist

People who favor national action over action at the state and local levels

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Decentralist

People who Weber state or local action rather than national action

19

States rights

How is expressly or implicitly reserved to the states

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Devolution revolution

The efforts to slow the growth of the national government by returning May functions to the states

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Federalism

Hey constitutional arrangement in which power is distributed between a central government and states, which are sometimes called provinces and other nations. The national and state exercise direct authority over individuals

22

Duel or layer cake

This type of federalism is defined as a strict separation of powers between the national and state government in which each layer has its own responsibilities and reigns supreme within its constitutional realm

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What is cooperative or Marble cake federalism

A flexible relationship between the national and state government in which both work together on a variety of issues and programs

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What is competitive federalism

Defined as a way to improve government performance by encouraging state and local government's to compete against each other for residents business investment and national funding

25

What is permissive federalism

A strong national government that only allows for permits the states to act when it decides to do so. Although federalism generally assumed that the national and state governments will share power permissive federalism argues that the power to share belongs to the national government and national government alone

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What is coercive federalism

Strong national government that exerts tight control of the states through orders are mandates

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What is new federalism

A recent effort to reduce the National government's power by returning or devolving responsibilities to the states it is sometimes characterized as part of the devolution revolution

28

What are disadvantages of federalism

Dividing powers makes it much more difficult for government to respond quickly to national problems
The division of power makes it difficult for voters to hold elected officials accountable

29

Define project grants

The national government support states to project grants for specific activities such as scientific research homeland security and some education programs

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What is a formula grant

Distributed to the states based on a procedures set out in the grant legislation. The simplest form is population – each recipient government receives a certain number of dollars for each person who lives in the jurisdiction

31

Define a categorical grant

They are made for specific purposes hence the term category. Categorical grants for specific purposes such as Medicaid health care for the poor are tightly monitored to ensure that the money is spent exactly as directed. State and local government's need to conform to all aspects of the funding legislation in order to receive the national funds

32

What is a block grant

Made for generalized governmental functions such as public assistance health services child care or community development these blocks of funding are provided with very few requirements attached states have flexibility and deciding how to spend block grants but they're limited to specific amount set by the national government

33

What is bicameral legislator

A particular body of government that consists of two legislative houses or chambers

34

What is judicial review

Review by the US Supreme Court of the constitutional Validity of the legislative act

35

What was the McCullough versus Maryland case

Congress takes their article 1 Powers and creates a national bank
Maryland does not like that the national Bank has been put in their state so they claim they have the right to tax the national bank because their power is not delegated so therefore it is a reserved power
Congress argues that this act falls under the implied powers as well as the necessary and proper clause

36

What is nullification

A legal theory that a state has the right to invalidate any federal law which that state has deemed unconstitutional

37

What was Marbury versus Madison

I knew judiciary act is created which creates new courts and new people for each judiciary job. One of the people is Marbury
But not all official papers are given to each person
This case established judicial review

38

Revenue sharing

Can be spent on almost any governmental purpose

39

10th amendment

Reserved powers to the states