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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

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

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

What does the tenth amendment state?

-powers reserved to states or people.


-aka reserved powers

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

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.

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.

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.

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.

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.

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

What does the commerce clause state?

Gives Congress the power "to regulate commerce with foreign nations, and among several states and with Indian tribes.

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.

What is layer cake federalism?

dual federalism where powers were share

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

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.

What is New Federalism?

the national government attempt to return more power to the states through block grants to them.

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.

What are project grants?

state and local governments submit proposals to federal agencies who provide funding for them on a competitive basis

What are formula grants?

a formula is used to determine the amount of federal funds a state will recieve

What are unfunded mandates?

National standards or programs imposed on states without accompanying funding.

What are block grants?

Funds with few restrictions on how to spend them.