federalism Flashcards

1
Q

exclusive powers

A

-powers that only apply to one level of government

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2
Q

concurrent powers

A

-powers held by both levels of government
-mixture of expressed, implied, inherent, reserved powers

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3
Q

enumerated powers

A

-expressed powers to congress
-specifically stated in constitution

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4
Q

implied powers

A

-powers claimed by congress as necessary to fulfill expressed power
-necessary and proper clause

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5
Q

reserved powers

A

-power states can exercise if not denied to them or delegated exclusively to federal government
-powers given by 10th amendment

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6
Q

inherent powers

A

-implied presidential powers

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7
Q

prohibited powers

A

-powers denied to national, state, or both governments
-eg. national government can’t exercise powers to interfere with the states abilities to perform responsibilities

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8
Q

police powers

A

-state power
-can pass laws to protect the health and safety of residents

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9
Q

commerce clause

A

-article 1, section 8
-gives federal government right to regulate interstate commerce
-can regulate activity affecting interstate commerce

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10
Q

necessary and proper clause

A

-congress can pass any laws/acts believed necessary in order to perform their responsibilities
-stretches powers of congress more than what is explicitly stated in constitution
-implied powers
-article I

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11
Q

supremacy clause

A

-constitution is supreme
-NOT CONGRESS or STATES
-article VI

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12
Q

emoluments clause

A

-officials can’t accept gifts from other nations
-article II

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13
Q

due process clause

A

-states can’t deprive a citizen of natural rights without due process
-rights only taken away through court applied law
-14th amendment

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14
Q

equal protection clause

A

-14th amendment
-protects citizens from discrimination
-states can’t enact laws that discriminate in unreasonable manner

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15
Q

10th amendment

A

-powers not granted to U.S. or prohibited by constitution are reserved to states/people

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16
Q

14th amendment

A

-citizenship rights, equal protection, voting/representation, debt

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17
Q

marbury v. madison

A

-established judicial review

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18
Q

mcculloch v. maryland

A

-necessary & proper clause
-nothing in constitution restricts
-states taxing the federal branch would impede on constitutional law (supremacy clause) = can’t tax

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19
Q

united states v. lopez

A

-congress didn’t have power to pass GFSZA
-constitution gives national government limited powers, claiming activity as commerce gives unlimited power
-law exceeded congress’s authority under commerce clause because carrying a gun isn’t economic activity

20
Q

grants

A

-money given to states/local governments
-doesn’t need to be repaid

21
Q

aid programs

A

-new deal: federal government helped states handle domestic problems
-grant-in-aid assisted states but still gave power over implementation

22
Q

categorical formula grants

A

-formula deter, depends on how much money is available
-based on number of people in need
-($ government is willing to pay) (# of people in need)
-strings attatched

23
Q

categorical project grants

A

-local governments compete by writing proposals detailing program funding
-strings attached, less money than formula grants

24
Q

block grants

A

money granted to states in braod policy areas, with not a lot of strings attatched

25
Q

federalism

A

-at least 2 levels of government (federal & state)

26
Q

dual federalism

A

-national government takes care of enumerated powers
-states independently take care of reserved powers

27
Q

cooperative federalism

A

-national government supports state governments’ efforts to address domestic matters reserved to them

28
Q

conflicted federalism

A

-elements of dual federalism, cooperative federalism, centralized federalism seen in policies implemented by state governments

29
Q

new federalism

A

-national government returning policy responsibilities to state governments

30
Q

devolution

A

-sending power from the federal government back to state governments
-began with Nixon & Reagan

31
Q

unitary

A

-central government has ultimate authority

32
Q

confederal

A

-states have ultimate sovereignty

33
Q

state sovereignty

A
34
Q

habeas corpus

A

-an accused person is told what they are being charged with by a judge

35
Q

impeachment process

A
36
Q

judicial review

A

-ability to declare legislative/executive act in violation of constitution
-review for constitutionality
-supremacy clause & article III, section I, clause I

37
Q

appellate jurisdiction

A

-supreme court has authority to review decisions of lower courts

38
Q

original jurisdiction

A

-supreme court has original jurisdiction in cases involving ambassadors, public ministers/consuls, and when state is a party

39
Q

federal revenue sharing

A

-sharing federal revenue with states

40
Q

mandates

A

statements from federal government requiring state governments to do something specified by a federal act

41
Q

intergovernmental relations

A
42
Q

creeping categorization

A

-fewer strings although increasing
-block grants

43
Q

funded mandates

A

federal government assumes entire cost

44
Q

unfunded mandates

A

federal government assumes some cost, state has to match

45
Q

due process

A

-not losing natural rights without a fair opportunity to defend oneself in a court of law