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Flashcards in Federalism Quiz Deck (80)
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31

Interstate and international powers belong to

Delegates powers

32

What are the three types of delegated powers?

Expressed (listed) enumerated

Implied (Nexessary and Proper Clause), majority of power

Inherent
(Only powers originally listed in original const), mostly in article 1 - powers of congress)

33

What are concurrent powers?

Shared

The broad powers govts need to be govts

34

Examples of concurrent powers : (9)

1. Make its own laws
2. Enforce its own laws
3. Interpret own laws
4. Define crimes and punishments
5. Build prisons
6. Build courts
7. Collect taxes
8. Spend money
9. Eminent domain (power to claim private property for public use (have to pay for market price))

35

Reserved powers are almost all - powers

Intrastate

36

Reserved powers include powers of -

Local government (town, city, county)

37

Reserved powers are vast majority of - powers esp - (list examples)

Govt, police powers , (morality, safety, health)

38

What's aggrandizement

The act of making something appear greater than it actually warranted by facts , expansion of power

39

What cases involved the Supremacy Clause? What court?

Marbury v Madison
McCulloch v Maryland

(Marshall Court)

40

What cases involved the Elastic Clause?

McCulloch v Maryland
(Marshall Court)

41

What cases involved the Commerce Clause?

(Marshall Court)
Gibbons v Ogden

Post Civil War Industrial Boom
Civil Rights Movement (Heart of Atlanta v US)

42

What cases involved Taxing and Spending Powers?

Great Depression/ New Deal
(Rise of Fiscal Federalism)

43

War Powers (Pres and Congress)

All major wars
(Esp Civil War)

44

Amendments 13, 14, 15

Civil war

45

What did Marbury v Madison establish?

Hierarchy of law in US

Supremacy Clause strengthen power over national courts

National courts have power of judicial review over national law

46

What's the Hierarchy of Law in the US? (4)

1. Constitution
2. The laws of Congress (if in agreement with the Const)
3. Treaties (which can only be made by national govt)
4. State laws

47

What happened in McCulloch v Maryland?

Congress created national bank. Done using implied powers as "necessary and proper" to carry out their taxing, spending, and borrowing powers after Maryland's govt passed substantial tax on bank. Ruling - states can't tax a federal agency. Supreme Court has power of judicial review over state laws

48

Implied powers

All powers convenient and useful to carry out an enumerated power and are not prohibited by the Constitution

Loose interpretation

49

Interposition

The idea that if 3/4 of the states nullify a law it would become unconstitutional

50

Equal protection clause

Forces states to grant equal protection to all citizens (14 amend)

51

Due process clause

14 amend

(Legal principle) state govt must grant all citizens due process of law , govt must follow est procedures before denying anyone rights , eventually used to cause states to follow most of rights in bill of rights

52

Congress powers of congress include:

Powers to regulate transportation, agriculture, labor relations, finance, and manufacturing

Today states are left with almost no exclusive commerce powers

53

Commerce powers include the power to regulate anything deemed to have a - on - (Heart of Atlanta Motel v US)

Direct and substantial impact, interstate commerce

Discrimination does affect interstate commerce

54

Wars increase national govt powers because

Only national govt has war powers

55

Spending powers are related to what type of federalism?

Fiscal or cooperative

56

10th amendment only allows states to regulate -

What is solely interstate commerce

57

Cooperative Federalsim

Cooperation of state and federal govt in various programs to solve complex social problems (many of which are in state sphere of powers)

58

Fiscal federalism

Providing grants to states

59

Fiscal federalism and cooperative federalism -

Go together

60

Grants in aid

Federal funds distributed by congress for state and local govts

Most powerful tool of fiscal federalism

Almost always has strings attached

States allow federal govts to have power