Chapter 3 Flashcards

(69 cards)

1
Q

Who resolves conflicts between National and State government?

A

Supreme Court

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2
Q

This case struck down the ability to arrest suspected illegal immigrants without warrant

A

Arizona vs US

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3
Q

What makes up the federal system?

A

State and Local Government

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4
Q

System in which the national gov and state gov share power and derive all authority from the people

A

Federal system

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5
Q

National gov share power and derive all authority from the people; led to a weak government

A

Confederation

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6
Q

Great Britain adapted this system in which the local and regional governments derive all authority from a strong national government

A

Unitary System

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7
Q

Powers of the national gov. Specifically granted to Congress in Article 1, section 8

A

Enumerated powers

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8
Q

The powers derived from enumerated powers and necessary and proper clause

A

Implied powers

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9
Q

The constitution underscored the notion that the national gov is supreme in situations of conflict between state and national law

A

Article 6

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10
Q

Entitles states to 2 senators and restrictions to the election

A

Article 1

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11
Q

Require that each state appoint electors to vote for the president

A

Article 2

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12
Q

Guarantees each state a “republican form of gov” meaning one that represents the citizens of the state

A

Article 4

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13
Q

Final part of the Bill of Rights that defines the basic principle of American fed. In stating that the powers not delegated to the national gov are reserved to the states or to the people

A

10th Amendment

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14
Q

Powers reserved to the states by the 10th Amendment that lie at the foundation of a state’s right to legislate for the public health and welfare for its citizens

A

Reserved powers

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15
Q

Powers shared by the national and state gov

A

Concurrent Powers

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16
Q

Denies some powers to both governments and prohibits the national gov. From granting titles of nobility

A

Article 1

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17
Q

A law declaring an act illegal without judicial trial that neither gov. Are allowed to pass

A

Bill of Attainder

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18
Q

Make an act unpublishable as a crime even if the action was illegal at the time it was committed

A

Ex Post Facto laws

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19
Q

Ensure judicial decrees and contracts made in one state will be binding and enforceable in any other state (Article 4)

A

Full faith and credit clause

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20
Q

Guarantees that the citizens of each state are afforded the same rights as citizens of all other states (Article 4)

A

Privileges and immunities clause

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21
Q

Requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial (Article 4)

A

Extradition Clause

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22
Q

In Article 3, section 10,clause 3 of the constitution sets the legal foundation for interstate cooperation; contracts between states that carry the force of law

A

Interstate compacts

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23
Q

States local gov do not have an inherent sovereignty and instead must be authorized by state gov. That can create and abolish them

A

Dillon’s rule

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24
Q

Articulated by Judge John F Dillon

A

Dillon’s Rule

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25
A document that specifies the basic policies, procedures, and institutions of local gov; must be approved by state legislature
Charter
26
Basic administrative units of local gov
Counties
27
City gov greatest in response to the emergence of relatively densely populated areas
Municipalities
28
Local gov restricted to a particular function
Special districts
29
The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the supremacy clause
McCullough vs Maryland
30
Gave congress the authority to levy and collect taxes
McCullough vs. Maryland
31
Interstate commerce is an example of what?
Regulation
32
Taking away power from the federal gov. And give it back to the states
Devolution
33
The SC upheld broad congressional power to regulate interstate commerce
Gibbons vs Ogden
34
Paved the way for later rulings upholding expansive fed. Power
Gibbons vs. Ogden
35
The SC ruled that the due process clause of the 5th amendment did not apply to the actions of the states
Barron vs. Baltimore
36
Limited the bill of Rights to the actions of Congress alone
Barron vs Baltimore
37
The belief that having desperate and equally powerful levels of gov is the best arrangement (layer cake)
Dual Federalism
38
Right to declare void and federal law
Nullification
39
Ability to succeed or withdraw if provision do not wish to be met
Nullification
40
The SC concluded that the US congress lacked the constitutional authority to bar slavery in the territories
Dredd Scott vs Sandford
41
Enhanced state power and became the framework of dual federalism
Dredd Scott vs Sandford
42
Which acts allowed congress to establish itself as the supreme player in the national economy?
Interstate Commerce Act and the Sherman Antitrust Act
43
Authorized Congress to enact national income tax
16th Amendment
44
What event ended dual federalism?
Civil War
45
Made senators directly elected by the people, removing their selection from state legislature
17th Amendment
46
The intertwined relationship between the national, state, and local gov that began with the New Deal (marble cake)
Cooperative Federalism
47
The name given to the program of "relief, reform, and recover begun by Roosevelt in 1933 to bring the US out of the Great Depression
New Deal
48
Forced all level of gov to cooperate
New deal
49
What are the purposes of grants?
1) Providing state and local gov w/ additional funds 2) Setting national standards 3) financially equalize Rich and poor states
50
Grants for which Congress appropriated funds for specific purposes
Categorical grants
51
Grant based on population
Categorical Grants
52
Used to alter states' policy priorities or to coerce states to adopt particular policy objectives; mechanism coercion
Categorical grants
53
Federal-State relationship proposed by Reagan administration during the 1980s and returned power to state gov
New Federalism
54
Large grants given to a state by the fed gov with only general spending guidelines; education and health
Block grants
55
Prevented Congress from passing costly fed programs without debate but difficult to enforce
Unfounded Mandate Reform Act of 1995
56
Federal funds designated for special project within a state or congressional district
Programmatic Requests
57
Immigration, redistricting, and health care and sided with national government
The Roberts Court
58
Concept that allows the national government to override state or local actions in certain policy areas
Preemption
59
Pragmatic approach to Federalism that views relations between national and state gov as both coercive and cooperative
Progressive Federalism
60
Who influences the limits of national gov?
John Marshall
61
Federalism also known as the devolution revolution
New Federalism
62
Also known as Conflicted Federalism
Progressive Federalism
63
concerned with "understanding which functions and instruments are best centralized and which are best placed in the sphere of decentralized levels of government"
Fiscal Federalism
64
an amount of money given to a local government, an institution, or a particular scholar.
Grants-in-aid programs
65
the distribution of a portion of federal tax revenues to state and local governments.
Revenue Sharing
66
Stop guns being used on public campuses by using the commerce clause
Us vs. Lopez
67
Stop recount
Bush vs Gore
68
Cannot ban the ownership and sales of weapons
District of Colombia vs Heller
69
Same sex marriage
Obergefell vs Hodges