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25 Cards in this Set
- Front
- Back
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Unitary Government |
All power ultimately resides with the national government (though some duties may be delegated to local governments as an administrative convenience). |
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Confederation |
A central gov't of modest powers, created by and therefore subordinate to its constituent gov'ts (the states). |
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Federal Government |
A system that divides power between the twolevels, neither depending upon the other for its existence and each engaging in certain activities at its own discretion |
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Constitutional Provisions Recognizing the Integrity of States |
- Equal state representation in the U. S. Senate cannot be denied (even by constitutional amendment) without the state's consent - The electoral college by which presidents are elected. - The actual electors are be chosen in a manner determined by the states legislature,though all states today do so based on popular votes. - The "reserve clause" of the 10th amendment - It takes 3/4th of either state legislatures or state ratifying conventions to ratify a new constitutional amendment. |
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Reserve Clause (10th amendment) |
Any powers not granted tothe national government by the Constitution, nor prohibited by it to thestates, shall remain either with the states or with "the people." |
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Enumerated or Expressed Powers |
Granted to the national government (tax, borrow and coin money, raise an army and navy, declare war, enter into treaties with foreign countries) |
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Implied Powers |
Powers not expressly granted to the national government, but which are nonetheless implied or "necessary and proper" for the execution of the express powers that the government does have |
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Denied Powers to the national government |
Tax exports, pass bills ofattainder, ex post facto laws, or grant titles of nobility |
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National Powers |
- National Defense - Currency - Foreign Affairs - Interstate Commerce |
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Concurrent Powers |
- Lending and borrowing money - Taxation - Law enforcement - Chartering banks - Transportation |
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State Powers |
- Chartering of local govts - Education - Public Safety - Registration and voting - Intrastate commerce |
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McCulloch v. Maryland (1819) |
- Congress had the power to incorporate a bank, but Maryland may not impose a tax on that bank |
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Gibbons v Ogden (1824) |
- Court ruled that Congressional power to regulate interstate commerce extended into a state when commerce between two or more states was at issue (Under the Constitution's Supremacy Clause, the New York monopoly was void because it conflicted with federal law- regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress.) |
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Dred Scott (1857) |
- Court overturned Missouri compromise. Congress could not outlaw slavery in any state; Held portions of the Missouri Compromise unconstitutional in violation of the Fifth Amendment, treating Scott as property, not as a person. |
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Dual Federalism (1865-1937) |
A clear cut division of powers between levels of gov't |
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Plessy v. Ferguson (1896) |
Court allowed state gov'ts to force certain groups of people to use separate facilities. (separate but equal) - segregation does not, in itself, constitute unlawful discrimination. |
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Santa Clara County v. Southern Pacific Railroad (1886) |
Court declared corporations to be “people” and thus protected by the 14th amendment. |
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Lochner v New York (1905) |
State gov'ts could not regulate labor practices (child labor) since it violated owner’s property rights. |
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Hammer v. Dagenhart (1918) |
Court invalidated law that prohibited interstate shipment of goods made by children. Court argued that power to regulate labor belonged to the state. |
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Cooperative Federalism (1937–today) |
There are shared responsibilities between levels of gov't
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Fiscal Federalism |
Federal government directs states’ policy through grants of money.
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Grants-in-aid |
Cash payments to the states. States can reject the money, but if they accept it they must spend it the way Congress specifies.
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Unfunded Mandates |
Federal money often comes with new standards or programs imposed on states without any additional funding to cover the costs |
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Categorical Grants |
Federal money for a specific program and for a designated activity |
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Block Grants |
- Federal g't designates the general area for spending while states select specific programs - Republicans tend to support block grants which some have called the “New Federalism” |
