Unit 2.2 Flashcards
Enumerated/ Expressed Powers
Powers of the federal government that are specifically addressed in the Constitution.
McCulloh v. Maryland
An 1819 Supreme Court decision that established the supremacy of the national government over state government.
Concurrent Powers
Powers given to both states and the federal government by the US Constitution
Implied Powers
Those powers in the Constitution that are not listed are delegated. An example of an implied power is the elastic clause giving Congress the right to make laws that are’ necessary and proper.’
Elastic Cause
The final paragraph of article 1, section 8, of the Constitution, which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers.
Gibbons v. Ogden
The 1824 Supreme Court case in which the court defined commerce very broadly to encompass virtually every form of commercial activity.
• this help Congress to promote economic development
Commerce Power
The Constitution gives Congress the power to regulate interstate and international commerce, called the commerce power.
Extradition
A legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed.
Federalism
The overall division of power between the federal government and state government’s; as defined in the Tenth amendment of the Constitution.
Brown v. Board of Education
A Supreme Court case in 1954 that held school segregation to be unconstitutional
Eleventh Amendment
An amendment to the U.S. Constitution that says federal courts can order states to obey the Constitution or federal laws and treaties
Extradition
a 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
Privileges and immunities
a clause in Article IV, Section 2, of the Constitution. The guarantee that the Rights of a citizen in one state will be respected by other states.
Dual Federalism (Layer Cake)
a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies
Cooperative Federalism (Marble Cake)
a system of government in which powers and policy assignments are shared between states an the national government; they may also share costs, administration, and even blame for programs that work poorly
Creative Federalism
Developed during Pres. Lyndon Johnson’s administration, it was characterized by the great Society programs, which placed a major responsibility on federally funded programs. LIBERAL
Fiscal Federalism
the pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments
Devolution
Transferring responsibility for policies from the federal government to state and local government’s
Partially Funded Mandate
?
Unfunded Mandate
?
Preemption
Eliminating something before it happens- example bringing down a terrorist group before they attack
The No Child left behind act
The largest expansion of the federal role in education since Lyndon Johnson’s great Society and a policy that has allowed more federal intrusion into into a state domain than almost any other in US history
Grants-in-Aid
Federal funds appropriated by Congress for distribution to state and local government’s
Equal opportunity act of 1982
This stops job discrimination by state and local government’s
