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39 Cards in this Set

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enumerated powers
Those powers that the Consitution explicitly assigns to the federal government
The power to regulate interstate commerce is an example
implied powers
Those powers that can be inferred from the explicit powers
Include the power to create the Federal Reserve Banking System to "regulate" the value of money"
inherent powers
Those powers that are not expressly granted to the federal government, but are nonetheless required in order to ensure the nation's survival
An example is the power to make war and negotiate terms of peace
reserved (residual) powers
Those powers not identified in the Constitution, ans so are reserved to the people or to the states
concurrent powers
Joint powers that both the state and fedreal governments posses
The power to tax and spend is an example
McCulloch v. Maryland (1819)
Supreme Court held that the Necessary and Proper Clause premitted Congress to creat the National Bank, even though there is no explicit grant of such power in the Constitution
Included that states could not tax an instrumentality of the central or national government because it was a creation of the people
Gibbons v. Ogden (1824)
Court held that Congress' power to regulate interstate commerce should invovle an expansive and general reach to include commerce in general
includes the navigation of waters
N.L.R.B. v. Jones & Laughlin Steel (1937)
The Supreme Court held the Congress could regulate labor-management relations in a factory because of the effect it had on interstate commerce
Heart of Atlanta Motel v. US
and
McClung v. Katzenbach
(1964)
Court upheld the Civic Rights Act of 1964, which prohibited racial discrimination in places of public accomodation b/c 1) the effect discrimination had on people travelling in interstate commerce 2) the negative effect on the flow of articles in commerce that result in racial discrimination
South Dakota v. Dole (1987)
The Court held that the federal government could condition the receipt of federal money for highways in states that adopted a federal drinking age of 21 years
Printz v. United States (1997)
The Court held that the federal government could not require state and local law enforcement officials to enforce a federal law without providing federal money and state acceptance of that federal support
Grants-in-Aid
Narrow and specifically focused on a particular policy of the federal government. They limit spending to the discretion and flexibility of the recipient government.
examples - formula grants, project grants...
Formula Grants
distrubeted according to a formula that specifies which governmental recipients are eligible and how much they're eligible to receive
An type of Categorical Grant
Project Grants
Based on competitive applications by possible recipient governments. Usually recipient governments must provide matching money to the federal money it is receiving.
A type of Categorical Grant.
The interstate highway system required a 10% state to match to recieve 90% of federal funds to build interstate highways
Block Grants
Treat large segments of policy, i.e., community development, law enforcement, or education. Recipient governments have more flexibility in determining how to spend the federal funds
More general than Categorical Grants
devolution
shift of responsibility from the federal government to individual state governments for certain policies
includes health care and welfare
commerce clause
The section of the Constitution giving Congress the power to regulate trade among the states, with foreign countries, and with Native American tribes
confederal system of government
Consisting of a league of independent states, each having soveign powers. The central government created by such a league has only limited and delegates powers
European Union is new example of one
cooperative federalism
The theory that the states and the national government cooperate in solving problems
direct regulation
Government regulation targeted at a specific firm or industry, as opposed to a regulation that's not targeted at a specific firm or industry but affects them anyway as is the case with some environmental regulations
division of power (horizontal and vertical)
Granting some powers to one governemt and some to another. Horizontal seperates powers b/w executive, legislative, and judicial branches. Vertical seperates b/w national and state governments
Vertical division of power is also considered federalism
dual federalism
A system of government in which the states and the national government have coequal sovereign powers.
Acts of states within their resesrved powers could be legitimate limitations on the powers of hte national government
elastic clause
Grants Congress the power to choose whatever means are necessary to execute its specifically delegated powers.
official name = necessary and proper clause
Clause 18 of Article I, Section 8 of Constitution
expressed powers
Presidential powers expressly written into the Constitution or congressional statute
federal mandate
Federal rules requiring compliance by states and municipalities in order to obtain federal grant money
also includes rules requiring states to pay for specific nationally defines programs
federal system of government
Divides power between a central government and divisional or regional governments. Each level must have some domain in which its policies are dominant and some genuine political or constitutional guarantee of its authority
US Federal and State government system
federalism
A system of government in which power is divided between a central government and regional or subdivisional governments
framers
The authors of the Constitution
full faith and credit clause
Requires states to recognize the laws and court decisions of other states. Due to this clause, deeds, wills, contracts and other civil matters in one state must be honored in other states
Article IV, Section 1
horizontal federalism
Relationships among states that are either constitutionally mandated or voluntary. Distinguishes state-state relations from state-federal relations.
Constitution imposes full faith and credit to other states public acts, records and judicial activities; to allow citizens from other states the same rights and privildges if in another state; to return fugitives
interstate commerce
The buying and selling of commodities, transportation, and other commercial dealings across state lines.
Includes radio, television, phone and telegraphic transmissions
interstate compact
Agreement between two or more states. The Constitution requires that these agreements recieve Congressional consent,but only those contracts that increase the powers of the states relative to other states and the national government are considered for Congressional consent
Current compacts mainly aid in solving regional problems
intrastate commerce
The buying and selling of commodities, transportation, and other commercial dealings entirely within a single state
laboratories of democracy
A concept that advocates allowing states the freedom to approach and try to solve problems in whatever way seems right to them.
Each state acts as on of 50 "expirements", and all the rest of the states, as well as the federal government, are able to learn from the resulting mistakes and good ideas.
matching funds
an agreement between two levels of government in which each level agrees to contribute funds to a specific project.
Usually the smaller government contributes a smaller amount, as little as 10%
New Deal
The programs and policies introduced during the 1930's by President Franklin D. Roosevelt, designed to promote economic recovery and social reform
Increased federal power
new federalism
A plan designed to limit the federal government's regulatory power by returning power to state governments
It gives states greater ability to decide for themselves how government revenues should be spent
nullification
Declaring something null and void. Prior to the Civil Way, state's rights advocates in the South claimed a state had the right to nullify a national law. They argued that ultimate power rested with the state governments.
police power
The power and authority to promote and safeguard the people's health, morals, safety, and welfare.
The federal government does not have rather it is given to the states. The most vital power given to the states by the Constitution.