Ch 3 Federalism & Article 4 Flashcards

1
Q

Barron vs. Baltimore (1833)

A

the Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone

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2
Q

Bill of Attainder

A

a law declaring an act illegal without a judicial trial

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3
Q

Block Grant

A

a large grant given to a state by the federal government with only general spending guidelines

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4
Q

Categorical Grant

A

grant that appropriates federal funds to states for a specific purpose

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5
Q

Charter

A

a document that, like a constitution, specifies the basic policies, procedures, and institutions of local government. charters for local governments must be approved by state legislatures

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6
Q

Concurrent Powers

A

powers shared by the national and state governments

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7
Q

Confederation

A

type of government in which the national government derives its powers from the states; a league of independent states

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8
Q

Cooperative Federalism

A

the intertwined relationship between the nation, state, and local governments that began with the New Deal, often referred to as marble-cake federalism

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9
Q

County

A

the basic administrative unit of local government

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10
Q

Dillon’s Rule

A

a premise articulated by Judge John F. Dillon in 1868 which states that local governments do not have any inherent sovereignty and instead must be authorized by state governments that can create or abolish them

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11
Q

Dred Scott v. Sanford (1857)

A

the Supreme Court concluded that the U.S. Congress lacked the Constitutional authority to bar slavery in the territories. This decision narrowed the scope of national power, while it enhanced that of the states.

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12
Q

Dual Federalism

A

the belief that having separate and equally powerful levels of government is the best arrangement, often referred to as layer-cake federalism

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13
Q

Enumerated Powers

A

the powers of the national government specifically granted to Congress in Article I, section 8 of the Constitution

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14
Q

Ex post facto law

A

law that makes an act punishable as a crim even if the action was legal at the time it was committed

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15
Q

Extradition Clause

A

part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial

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16
Q

Federal System

A

system of government in which the national government and state governments share power and derive all authority from the people

17
Q

Full Faith and Credit Clause

A

section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state

18
Q

Gibbons V Ogden (1824)

A

the Supreme Court upheld broad congressional power to regulate interstate commerce. the court’s broad interpretation of the constitution’s commerce clause paved the way for later rulings upholding expansive federal powers

19
Q

Implied Powers

A

the powers of the national government derived from the enumerated powers and the necessary and proper clause

20
Q

Interstate Compacts

A

contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns

21
Q

McCulloch V Maryland (1819)

A

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the constitution’s supremacy clause. the court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

22
Q

Municipality

A

city governments created in response to the emergence of relatively densely populated areas

23
Q

New Deal

A

the name given to the program of “Relief, Recovery, Reform” begun by President Franklin D. Roosevelt in 1933 to bring the United States out of the Great Depression

24
Q

New Federalism

A

federal-state relationship proposed by Raegan administration during the 1980s; hallmark is returning administrative powers to the state governments

25
Q

Nullification

A

the right of a state to declare void a federal law

26
Q

Preemption

A

a concept that allows the national government to override state or local actions in certain policy areas

27
Q

Privileges and Immunities Clause

A

part of Article IV of the constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states

28
Q

Programmatic Requests

A

federal funds designed for special projects within a state or congressional district

29
Q

Progressive Federalism

A

a pragmatic approach to federalism that views relations between national and state governments as both coercive and cooperative

30
Q

Reserved Powers

A

powers reserved to the states by the tenth amendment that lie at the foundation of a state’s right to legislate for the public health and welfare of its citizens

31
Q

17th Amendment

A

amendment to the US constitution that made senators directly elected by the people, removing their selection from state legislatures

32
Q

16th Amendment

A

amendment to the US constitution that authorized congress to enact a national income tax

33
Q

Special District

A

a local government tat is restricted to a particular function

34
Q

Tenth Amendment

A

the final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people

35
Q

Unitary System

A

system of government in which the local and regional governments derive all authority from a strong national government

36
Q

Necessary and Proper Clause

A

the final paragraph of Article I, Section 8, of the constitution, which gives congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the constitution, also called the eleastic clause

37
Q

US vs Lopez

A

case which involved the conviction of a student charged with carrying a concealed handgun onto school property, a five-person majority of the court ruled that congress lacked constitutional authority under the commerce clause to regulate guns within 1,000 feet of a school