Chapter 3: Ap Gov

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Federal System

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System of government where the national government and state governments share power, derive all authority from the people, and the powers of the government are specified in a Constitution.

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Confederation

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Type of government where the national government derives its powers from the states; a league of independent states.

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Unitary System

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System of Government where the local and regional governments deirve all authority from a strong national government.

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Enumerated Powers

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Specifir powers granted to Congress under Article I, section 8, of the Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defence.

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Necessary and Proper Clause

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The final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws 'necessary and proper' to carry out the eumerated powers specified in the Constitution; also called the elastic clause.

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Implied Powers

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Powers derived from enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

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Supremacy Clause

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Portion of Articel VI of the Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government.

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Tenth Amendment

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The final part of the Bill of Rights that defines the basic principle of American federalism in stating: "The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people."

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Reserve (or police) Powers

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Powers reserved to the states by the Tenth Amendment that lie at the foundation of a state's right to legislate for the public health and welfare of it's citizens.

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Concurrent Powers

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Authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law.

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Bill of Attainder

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A law declaring an act illegal without a judicial trial.

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Ex Post Facto Law

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Law that makes an act punishable as a crime even if the action was legal at the time it was committed.

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Full Faith and Credit Clause

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Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforcable in any other state.

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Privileges and Immunities Clause

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Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

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Extradition Clause

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Part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.

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Interstate Compacts

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Contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns.

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McCulloch v Maryland (1819)

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The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.

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Gibbons v Ogden (1824)

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The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding exapnsive federal powers.

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Dual Federalism

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The belief that having separate and equally powerful levels of government is the best arrangement.

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Sixteenth Amendment

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Authorized Congress to enact a national income tax.

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Seventeenth Amendment

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Made senators directly elected by the people; removed their selection from state legislatures.

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Categorical Grant

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Grants that allocated federal funds to states for a specific purpose.

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New Federalism

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Federal-State relationship proposed by Reagan administration during the 1980's; hallmark is returning administrative powers to the state governments.

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Block grant

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Broad grant with few strings attached; given to the states by the federal government for general cetegories of activity; such as secondary education or health services.

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Unfunded mandates

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National laws that direct state or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain little or no federal funding to defray the cost of meeting these requirements.

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Preemption

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A concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas.

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Sovereign Immunity

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The right of a state to be free from a lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all states are considered sovereign.