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59 Cards in this Set
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Federalism
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a system in which power is divided between the national and state governments; DIVISION OF POWERS (do NOT confuse with SEPARATION OF POWERS within government: leg., exec., jud.)
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division of powers
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FEDERALISM; the constitutional provisions by which governmental powers are DIVIDED on a geographic basis between nation and states
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delegated powers
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Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.
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reserved powers
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powers reserved to the states by the 10th Amendment
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inherent powers
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anything any state can do simply because it's a sovereign state; for example, defend its borders from foreign invasion; the powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government
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expressed powers
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powers that are specifically listed or expressly stated online in the Constitution
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implied powers
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powers not specifically mentioned in the constitution, but reasonably implied by powers expressly stated; the Elastic Clause or "Necessary and Proper Cause" forms the basis for the doctrine of implied powers as articulated by the Supreme Court in McCulloch v. Maryland
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denied powers
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powers denied by the Constitution to either the federal government or the states or both; e.g., no denial of right to writ of habeas corpus, no ex post facto laws (criminal), no bills of attainder, and no titles of nobility
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Ex Post Facto law
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a law applied to an act committed before the law was passed; the Constitution denies both the federal and state governments this power
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Habeas Corpus
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"you have to have the body"; the Constitution says that no one can be held without charges; the government (federal or state) must either charge you with a crime or release you; your lawyer can ask the court for a writ (court order) of habeas corpus; when Lincoln suspended this right during the Civil War, the Supreme Court ruled his action unconstitutional
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Bill of Attainder
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a legislative act that inflicts punishment without a court trial; the Constitution says NO to these when it guarantees your right to trial by jury
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Elastic Clause
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AKA "Necessary and Proper" Clause; Artile I, Section 8, Clause 18 of the Constitution gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses
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exclusive powers
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powers that can be exercised by the National Government alone; for example, coin money and make war
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concurrent powers
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powers that are shared by both the federal and state governments; for example, levy taxes
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police powers
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powers to enact laws promoting public health, safety, and morals; belong largely to the states
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supremacy clause
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Makes National law supreme over state laws in constitutional affairs
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republican government
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representative (little "r" is NOT the political party); the nation's Constitutional obligation to the states is to guarantee representative ( a republican) form of government
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Steps in admitting a new state
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(1) Enabling Act, (2) State Constitution prepared , (3) Popular Vote , (4) Act of Admission
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Enabling Act
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the first step in the state admission procedure which enables the people of a territory to prepare a constitution
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Act of Admission
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an act creating a new state
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Grants-in-aid
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grants of federal money or other resources to the states or their cities, counties, and other local units.
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Federal grants
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money given to state or local governments to be spent for a variety of specific purposes
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Fiscal Federalism
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The federal government's use of taxing and spending to influence states through the granting/withholding of appropriations
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Strings Attached
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traditional control that tells the state government what it must do if it wants to receive federal grant money
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Mandate
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something which the federal government requires states to do; for example, the Americans with Disabilities Act mandates that all public buildings provide access for the handicapped
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Entitlement
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A benefit that federal law says must be paid to all those who meet the eligibility requirements; e.g., Medicare, food stamps, free or reduced school lunch
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Nondiscretionary spending
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AKA: uncontrollable spending; entitlement spending which depends on the number of people who are eligible and who apply for a benefit; constitutes 2/3 of the federal budget; results from application of formula rather than discretionary act of Congress; must be addressed if deficit and debt are to be reduced
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Deficit
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the yearly shortfall between revenue and expenditures; the difference in what's spent and what's taken in
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Debt
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the total amount owed based on borrowing over time; accumulates as the result of deficit spending
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Discretionary spending
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AKA: controllable spending; spending on programs like national defense or infrastructure (roads and bridges), which results when Congress uses its discretion and chooses to authorize and appropriate funds; constitutes about 1/3 of the federal budget
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Categorical Grant
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grant for which Congress appropriates funds fora specific purpose or category; ADVANTAGE: hard to abuse; DISADVANTAGE: states are limited in how they can use themoney – even if they need it more for another purpose, they can use the moneyONLY for the purpose specified by the federal government
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Block Grant
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type of federal grants-in-aid for abroadly defined area of public policy; a big chunk of money handed over to thestates; ADVANTAGE: states know best what they need; DISADVANTAGE: easy to abuse
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Project Grant
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grants made to States, private agencies for projects; based on competitive applications
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Cross-Cutting Requirements
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requirement that extend to all federal programs and apply across the board; usually nondiscrimination (civil rights) or environmental in nature; violation of such results in cross-over sanctions (loss of federal funding for ALL programs)
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Cross-Over Sanctions
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Using federal dollars in one program to influence state/local policy decisions (e.g,: highway funds withheld until legal drinking age is 21)
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Universalism
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federal grant distribution follows the principle of spreading the wealth and including a little something for everybody when the federal money is being passed out
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Revenue Sharing
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Giving money back to the state and local government with no strings attached
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Interstate compact
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An agreement among two or more states. Congress must approve most such agreements.
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Full Faith and Credit Clause
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Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
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Extradition
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the surrender of an accused or convicted person by one state or country to another (usually under the provisions of a statute or treaty)
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Privileges and Immunities Clause
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no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
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Obligations of the states
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what each state must do for others: (1.) Full faith and credit , (2) Extradition, (3) Privileges and immunities of citizens
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Commerce Clause
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gives power to regulate interstate commerce to the federal government; constitutional clause used by Congress and the courts to expand federal powers, beginning with Gibbons v. Ogden
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Interstate commerce
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commerce between or among states (or foreign countries) ; the Constitution gives the federal government power to regulate this
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Intrastate commerce
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commerce within a state; the Constitution reserves power to regulate this to the states
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Gibbons v. Ogden
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A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.
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10th Amendment
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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dual federalism
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A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies; popular view in the 19th Century; applied in Dred Scott case; METAPHOR: LAYER CAKE
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layer cake federalism
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metaphor for dual federalism, a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies
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cooperative federalism
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A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly; evolved naturally and practiced throughout history, as shown by Northwest Ordinance, but popular view in the 20th and 21 centuries; METAPHOR: MARBLE CAKE
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Marble cake federalism
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metaphor for cooperative federalism, a system of government in which powers and policy assignments are shared between states and the national government
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devolution
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moving power and responsibility down to the lowest appropriate level of government; the process of limiting the power of the federal government to impose its policies onto state governments and turning more power back to the states
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Heart of Atlanta Motel v. U.S.
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case in which SCOTUS ruled that the Commerce Clause gives the federal government the power to tell any business that serves the public that it cannot discriminate on the basis of race
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US v. Lopez
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Supreme Court ruled that passing the Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce; SCOTUS ruled that it stretched the Commerce Clause too far
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South Dakota v. Dole
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Supreme Court ruling that Congress is allowed to attach "strings" (conditions of aid) to federal money given to states (raise drinking age to 21 to get highway funds); SD called it blackmail, which is illegal; SCOTUS called it "greenmail" and said it's legal
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unfunded mandates
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Programs that the federal government requires states to implement without federal funding.
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Americans With Disabilities Act
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1991 Federal law that banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings; no funds provided by federal government, thus, an UNFUNDED MANDATE
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No Child Left Behind Act
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Federal law enacted in January 2002 that introduced new accountability measures for elementary and secondary schools in all states that wish to receive federal aid.
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Printz v. US
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(1997) Court struck down part of the Brady Handgun Violence Act of 1993 because it mandated state and local officials to carry out background checks (federal agencies should do the checks, not local agencies); SCOTUS ruled that it stretched the Commerce Clause too far
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