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35 Cards in this Set
- Front
- Back
Federalism
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political system in which power is divided and shared between the national/central government and the states (regional units) in order to limit the power of both.
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Unitary
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local and regional govt. derive all authority from a strong natl. gov.
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Confederate
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national government derives its powers from the states; a league of independent states
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tenth amendment
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protects the states
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Reserved powers
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reserved to the state by tenth amendment- states right to legislate for the public health and welfare of its citizens
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concurrent powers
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shared by national and state governments
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Denied powers
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Art. 1 Sec. 9- powers denied to the central govt.
Art. 1 Sec. 10: powers denied to the states |
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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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makes an act punishable as a crime even if the action was legal at the time it was commited
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full faith and credit clause
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Art. 4- ensures judicial decrees made will transfer from state to state
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privileges and immunities clause
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Art. 4- 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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art. 4: states must extradite or return, criminals to states where they have been convicted or are going to stand trial
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interstate compacts
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contracts between states that carry the force of lay; generally now used as a tool to address multistate policy concerns
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11th amendment
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right of a sovereign not to be sued in court without its permission
**Chisholm v. Georgia** |
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McCulloch v. Maryland
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the supreme court upheld the power of the national gov. and denied the right of a state to tax the federal bank using the supremacy clause. The court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding federal powers
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Marshall Court
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nationalism
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Taney Court
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Dual Federalism
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Gibbons v. Ogden
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the supreme court upheld broad congressional power to regulate interstate commerct. the Court's broad interpretation of the constitutions commerce clause paved the way for later rulings upholding expansive federal powers
-Could New York grant a monopoly on the Hudson River? |
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Secession
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the act of withdrawing from an organization, union, or political entity
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Nullification
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declaration by a state that a federal law is void within its borders because the state deems it unconstitutional
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Dual Federalism
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belief that having separate and equally powerful levels of govt. it the best arrangement
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Dred Scott v. Stanford
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Taney Court held that Scott was not a U.S. citizen so he could not sue. Scott remained a slave and congress now has no power to abolish slavery in the territories and slaves are private property
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13th amendment
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Abolish Slavery
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14th amendment
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citizenship to former slaves and equal right and protection of laws
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15th amendment
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extended right to vote regardless of race or national origin
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16th amendment
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congress can enact a national income tax
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17th amendment
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senators now directly elected by the people
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New Deal
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FDR in 1933 to bring the US out of the Great Depression- "Relief, Recovery, Reform"
-Increased the size, scope, power and spending of the federal govt. -He wanted to make supreme court from 9 to 14 |
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Constitutional Revolution of 1937
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-Court abandons dual federalism (layer cake)
-from 1937 forward we have the modern period of federalism (swirl cake) |
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Modern/Cooperative Federalism
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intertwined relationship between the national, state, and local govts. that began with the New Deal
- allows for more powerful nat'l gov't |
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Federal Grants
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money appropriated by Congress to be distributed to state or local governments ($ from income tax)
- Categorical grants (for specific purposes or programs) |
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Federal Mandates
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states have to comply
-unfunded mandates provide no money to meet the cost of complying with the law |
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New Federalism
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federal and state relationship proposed by Reagan during the 80s;; returns administrative powers to the state governments
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Block grant
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a large grant given to a state by the federal government with only general spending guidelines
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Preemption
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allows the national gov. to override state or local actions in certain areas
-based on supremacy clause -uniformity over flexibility |