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22 Cards in this Set
- Front
- Back
What are the enumerated/expressed powers of the national government? |
-collect taxes -coin money -declare war -regulate commerce -implied laws |
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What does the necessary and proper clause state? (elastic clause) |
gives Congress power to pass laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested into constitution |
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What does supremacy clause state and where is it located? |
-located in article VI (6) - states that all laws passed by National gov. is supreme law |
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What does the tenth amendment state? |
-powers reserved to states or people. -aka reserved powers |
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What is the police power and who has this power?? |
states have the police power. -capacity of states to regulate behavior and enforce order within their territory |
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What are the concurrent powers? |
- authority possessed by both state and national governments -examples: levy taxes, charter banks, build roads, bankruptcy laws, and create lower courts. |
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What does Full Faith and Credit clause state? |
-requires each state to normally honor the government actions and judicial decisions that take place in other states. |
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What does the Privileges And Immunities/ Comity clause state? |
prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner. |
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What is dual federalism? |
the system of government that prevailed in the United States from 1789-1937, in which most fundamental government powers were shared between the federal and state governments. |
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What were the constitutional issues at stake in McCulloch v Maryland? |
The issue was whether congress had the power to charter a bank, in particular the Bank of USA. |
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What were the issues of Gibbons v Ogden? |
Whether New York could grant a monopoly to a steamboat company -court ruled that Gibbons could not be kept from competing because of commerce clause |
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What does the commerce clause state? |
Gives Congress the power "to regulate commerce with foreign nations, and among several states and with Indian tribes. |
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What is cooperative federalism? |
a type of federalism existing since the New Deal era in which grants-in-aids have been used strategically to encourage states to pursue nationally defined goals. |
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What is layer cake federalism? |
dual federalism where powers were share |
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What is marble cake federalism? |
Cooperative federalism - national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately |
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What is regulated federalism? |
a form of federalism in which Congress imposes legislation on state and local governments that requires them to meet national standards. |
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What is New Federalism? |
the national government attempt to return more power to the states through block grants to them. |
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What is categorical grants-in-aid? |
funds given to states and localities by Congress that are earmarked by law for specific policy categories, like education etc. |
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What are project grants? |
state and local governments submit proposals to federal agencies who provide funding for them on a competitive basis |
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What are formula grants? |
a formula is used to determine the amount of federal funds a state will recieve |
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What are unfunded mandates? |
National standards or programs imposed on states without accompanying funding. |
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What are block grants? |
Funds with few restrictions on how to spend them. |