Chapter 3 - Federalism Flashcards
(27 cards)
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
Dual federalism
The belief that having separate and equally powerful levels of government is the best arrangement
Bill of attainder
A law declaring an act illegal without a judicial trial
Necessary and proper clause
Found in the final paragraph article 1, section 8 of the U.S. Constitution, he gives Congress the authority to pass all laws needed to carry out the enumerated powers specified in the Constitution
Concurrent powers
Powers shared by the national and state governments
Block grant
Broad grant with few strings attached given to states by the federal government for specified activities, such as secondary education or health services
McCulloch vs. Maryland(1819)
The Supreme Court upheld the power of the national government and denied the right of the state to tax the bank. The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Gibbons vs. Ogden (1824)
The Supreme Court upheld broad congressional power over interstate commerce
Unitary system
System of government where the local and regional governments derive all authority from a strong national government
Cooperative federalism
Term used to characterize the relationship between the national and state governments that began with the New Deal
Enumerated powers
17 specific powers granted to Congress under article 1, section 8 of the U.S. Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for national defense
Interstate compacts
Contract between states that carry the force of law; generally now used as a tool to address multistate policy concerns
17th amendment
Made senators directly elected by the people; removed their selection from state legislatures
10th amendment
The final part of the Bill of Rights that defines the basic principle of American federalism in stating: “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Preemption
The concept derives from the constitutions supremacy clause that allows the national government to override state or local actions in certain areas
Unfunded mandates
National laws that direct states or local governments to comply with the Federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements
Confederation
Type of government in which the national government derives its power from the states; a league of Independent states
Categorical grant
Grant for which Congress appropriates funds for specific purpose
Ex post facto law
Law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the US Constitution
Supremacy clause
Portion of article 4 of the U.S. Constitution that mandates that national law supersedes all other laws passed by the states or by any other subdivision of government
16th amendment
Authorized Congress to enact a national income tax
Full faith and credit clause
Portion of article 4 of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable and any other state
Reserve (or police) Powers
Powers reserved to the states by the 10th amendment that lie at the foundation of the states right to legislate for the public health and welfare of its citizens
Federal system
Plan of government created in the US Constitution which power is divided between the national government and the state governments and in which the independent states are bound together under one national government
