Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
39 Cards in this Set
- Front
- Back
- 3rd side (hint)
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.
|