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45 Cards in this Set

  • Front
  • Back
The philosophy that describes the governmental system created under the framers
Enumerated Powers
Seventeen specified powers ranted to congress under the Article I, section 8, of the U.S. Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense
Implied Power
A power derived 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
Reserve of Police Powers
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 its citizens
National Powers
power given to the national government
Concurrent Powers
powers shared by both the state and the national government
State Powers
powers given to the state and all powers not delegated to the national government as under the tenth amendment
Bill of Attainder
a law declaring an act illegal without holding a judicial trial
Ex Post Facto Law
Law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the US constitution
Sixteenth Amendment
authorized congress to enact an income tax
Categorical Grant
grant for which Congress appropriates funds for a specific purpose; given to states by the federal government for specified activities, such as secondary education or health services.
Block Grant
broad grant with few strings attached
Intergovernmental Lobbies
the pressure groups that are created when state and local governments hire lobbyists to lobby the national government
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
Contract with America
Campaign pledge signed by most Republican candidates in 1994 to guide their legislative agenda
National laws that direct states of local governments to comply with federal rules or regulations under threat of civil or criminal penalties or as a condition of receipt of any federal grants
Unfunded Mandates
the states were required to shoulder costs of federal programs it didn’t fund
Sovereign Immunity
the right of a state to be free from lawsuit unless it gives permission to the suit. Under the eleventh amendment, all states are considered sovereign
Supremecy Clause
portion of Article VI of the US Constitution that mandates that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government
Necessary and Proper Clause
The final paragraph of Article I, section 8, of the US Constitution, which gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution; also called the “elastic” clause
Privelages and Immunities Clause
clause of the 14th amendment providing all citizens equal benefits
Interstate Compacts
Contracts between states that carry the force of law; generally now used as a tool to address multi-state policy concerns
Emergency Management Assistance Compact
allows states to assist each other and share resources in the event of a natural or a man-made disaster
Dual Federalism
the belief that having separate and equally powerful levels of government is the best arrangement
Civil War Amendments
13, 14, 15, freedom, citizenship-national gov’t will not pay back old confederate debts, voting for black male former slaves (removed colored restriction)
Cooperative Federalism
the relationship between the national and state governments that began with the New Deal
Federal Grants
federal funds allocated to the states by the federal government for specific purposes
Creative Federalism
national government would only gives funds to the states if they cooperated with the national government
New Federalism
cuts federal funded programs, block grants
Devolution Revolution
Bill Clinton was the first democrat to be president in 12 years, however Congress was Republican, the Republicans rebelled openly against an increase in the national government
Morrill Land Grant Act
1862, gave each state 30 000 acres of public land for each representative in Congress, income from the sales was for the establishment of agricultural and mechanical arts colleges.
Commerce Clause
The National Government is in charge of commerce, affirmed by Gibbons v. Ogden. US gov’t deals with all commerce and enforcing commerce laws.
Federal Papers 51
o James Madison wrote the Federalist Papers No. 51. He explained to the people that they would be secure as a result of the divided powers among the government. The government was divided between state and national and further divided in those levels to protect the peoples rights. He also explains that the two governments would be kept in balance because of their different powers.
Full Faith and Credit Clause
o The states trust each other on issues such as driver’s licenses, and interstate restrictions. We get to own a car, be married in every state. It verified Dred Scott case
Layer Cake v. Marble Cake
o Before the 1930s the federal system’s operation was compared to a layered cake. Each division had its own separate jobs and powers. After the Depression and the start of the New Deal these powers and jobs were not as clearly defined. Much of the government took on new roles that they had not previously held. Duel-> Cooperative
McCulloch v. Maryland
o State vs. National power
o The Bank in Maryland wanted to tax all other banks, and therefore; the Bank of the United States. Could a state Bank tax the Bank of the United States?
o Decision: The Marshall court ruled that the National government ruled over the state governments and therefore a state bank could not tax the national Bank
o Impact: It defined the relationship between national and state governments, making national government the greater and supreme
Gibbons v. Ogden
NY had granted Robert Fulton the right to operate steamboats on the Hudson River exclusively, Congress also licensed a ship to run on the Hudson. The states argued that commerce was to be interpreted narrowly.
o Decision Marshall ruled that it did not fall under commerce and NY did not have the right to have issued the monopoly in the first place because Congress had the power over commerce
o Impact It defined the scope of Congress’ authority over ‘commerce’
Dred Scott v. Sanford
o Dred Scott was a slave that had been living in free territory. He argued that because he had been living in free territory he was a free man.
o Decision: Marshall ruled that slaves were property and could be taken anywhere, but were not free in free states. He also ruled that Dred Scott was not a citizen and could not file a case in the Supreme Court
o Impact: It virtually declared the Missouri Compromise worthless. It showed that the federal government did not want to decide in a state’s issue of slavery
Plessy v. Ferguson
o 1896, Plessy challenged whether separate accommodations for blacks and whites were constitutional.
o Decision: separate but equal accommodations is constitutional under 14th amendment
o Impact: Segregation continued until Brown v. Board of Education
o Duel Federalism, the states have the power to do what they want to do
Brown v. Board of Education
o Topeka Kansas, Brown challenged that the separate schools for blacks and whites were unequal and therefore violating the constitution. A black girl wanted to enroll in a school that was close to their house and they wouldn’t let her because she was black. She had to go to a black school far away. NAACP provided the defense for the Brown Family, Thurgood Marshall was the lead attorney, became the first black person to serve on the US Supreme Court. 1954
o Decision: school segregation is illegal because it violates the 14th amendment to the constitution. The black school was not as good as the white school.
o Impact: It overturned the Plessy v. Ferguson case and led to desegregation of schools
o National Federalism, National government has pulled a supremacy card
Garcia v. San Antonio Metropolitan Transit Authority
o Federal government says that states have to pay a federally set minimum wage
o Decision: congress has broad power over state and local governments
o 1985, National Federalism
US v. Lopez
o Whether Congress has the authority to regulate gun control within 1 000 ft. of a school. Congress passes a law saying that their cannot be any guns within 1 000 ft. of a public school.
o Decision: Only the state has the power to regulate this, there is no commerce involved. Invalidated part of the Gun Free School Zone Act
o Impact: only states have the power to ban guns in school zones
o Dual Federalism
Boerne v. Flores
o The church wants to expand, but their church is a historical building
o Decision: Congress could not force Religious Freedom Restoration upon state governments
o National Law could not be enforced upon the state
o Duel Federalism
Printz v. US
o Anyone buying a handgun has to have a background check first, National Government creates this laws for the states to obey
o Congress does not have authority to compel state officials to execute federal laws , relating to background checks on handgun protection
o Duel Federalism
Bush v. Gore
o The Florida recount
 Florida has punch ballots, they claimed that some of the ballots were not completely punched and it skewed the votes
 States decide voting laws
 Manually recounted the ballots
 More liberals in Florida legislature, and they continue to recount
 Bush challenges the Florida courts
o Decided on the final counts of the Florida election ballots in 2000
o Bush was made president, refused to defer to the state court’s decision
o National Federalism
o They declared the Florida election law unconstitutional and therefore the decision does not stand, Bush becomes the winner in Florida
o Bush becomes president