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19 Cards in this Set

  • Front
  • Back
delegated powers
Powers specifically granted by the Constitution to the federal government, especially those given to Congress by Article I, Section 8.
reserved powers
Powers that are neither delegated to the national government nor denied to the states by the Constitution; they are "reserved" to the states or the people by the Tenth Amendment.
concurrent powers
Powers that are shared by the state and national governments.
McCulloch vs. Maryland
Chief Justice Marghall, after upholding Congress's right to establish a national bank, declared unconstitutional a state law that taxed the bank on the ground that it violated the national supremacy clause of Article VI.
national supremacy
The doctrine, set forth in Article VI of the Constitution, that the Constitution and all national laws and treaties are supreme law of the land.
cooperative ferderalism
A form of federalism that emphasizes cooperation between the national government and the states to achieve policy goals set by the national government.
New Federalsim
policy theme which became popular in the 1980s and 1990s in the United States that refers to the devolution of power from the federal (central) government to the states. It relies on the Ninth Amendment and Tenth Amendment to provide a constitutional underpinning.

New federalism typically involves the Federal government providing block grants to the states to resolve a social issue. The Federal government then monitors outcomes but provides broad discretion to the states for how the programs are implemented
A sum of money that is given by a higher level of government to a lower level to be used to pay for a specific program- for example, highway construction.
categorical grants
grants are to be used for a specific, narrowly defined purpose.
matching grant
the state or local government receiving the grant is required to pay some percentage of the costs of the project.
block grants
a sum of money given by the federal government to a state or local government to be used for a broad, general purpose.
Due Process Clause
Section 1 of the Fourteenth Amendment, which declares that no state "...shall...deprive any person of life, libertey, or property without due process f law...." Also found in the Fifth Amendment to the Constitution.
Ex Post Facto Law
A law that imposes a penalty for performing an act that was not considered crimanal when it was committed, or that increases the punishment for a crime after it has been committed. Such laws are prohibited by the Constitution.
Original Jurisdiction
The authority of a trial court to hear a case "in the first instance"
Interstate Rendition Clause
Article IV, Section 2, of the Constitution which provides that an individual who is charged with a crime in one state and is found in another state may be returned to the state with jurisdiction over the crime.
equal protection clause
Section 1 of the Fourteenth Amendment, which declares that no state shall "deny to any person within its jurisdiction the equal protection of the laws."
implied powers
Powers given to Congress in the necessary and proper clause of article I, Section 8, of the Constitution that enable the federal government to carry out its delegated powers by any constitutional means.
interstate compact
an agreement between two or more states, adopted by the state legislatures and often approved by Congress, in which arrangements are made to deal with interstate problems
full faith and credit clause
a provision of Article IV, Section 1, of the Constitution that requires states to honor the final civil rulings of other states.