Ch 3: The Federal System Flashcards
Confederation
National government gets powerful states
Federal system
National and state governments share power; both get power from people
Unitary system
State and local governments get power from national government
Enumerated powers
Powers listed in article 1 section 8 of the Constitution
Implied powers
Powers gotten from the necessary and proper clause, article 1 section 8 clause 18
10th amendment
Powers not granted to the national government go to the states or the people
Reserved powers
Powers reserved to the states through the 10th amendment
Concurrent powers
Powers shared by the national and state government’s
Bill of attainder
A law declaring an act illegal without a judicial trial
Ex post facto law
A law that makes an act illegal even if it was legal at the time it was committed
Full faith and credit clause
Article 4-ensues judicial decrees and contracts made in one state will be binding and enforceable in any state
Privileges and immunities clause
Article 4-every citizen has the same rights regardless of the state they live in
Extradition clause
Article 4-requires states to return criminals to the state where they had been convicted
Interstate compacts
Contracts between states that carry the force of law
Dillon’s rule
All local governments do not have inherent sovereignty and must be authorized by state governments; state governments can create or destroy them
Charter
A document that specifies the basic policies procedures and institutions of the local government
County
Basic administrative unit of local government
Municipality
City governments created in response to the emergence of relatively densely populated areas
Special district
Local government that is restricted to a particular function
McCulloch v. Maryland
Grants Congress implied powers for implementing the constitutions express powers
Gibbons v. Ogden
Commerce clause designated power to Congress to regulate interstate commerce
Baron v. Baltimore
State governments are not bound by the fifth amendments requirement for just compensation cases of eminent domain
Dual federalism
Believe that having separate and equally powerful levels of government is the best arrangement; layer cake federalism
Nullification
The right of the state to declare void a federal law
Dred Scott v. Sandford
African-Americans, slaves or free, aren’t citizens and therefore can’t sue in federal court
16th amendment
Congress can enact a national income tax
17th amendment
Direct election of Senators
Cooperative federalism
Intertwined relationship between the national, state, and local government’s; marble cake federalism
New deal
FDR’s way of combatting the Great Depression
Categorical grant
Grants given by Congress for specific things
New federalism
The return of power to the states; started by Reagan in the 1980s
Block Grant
Grants given by Congress with general spending guidelines
Programmatic requests
Federal funds designated for special projects within a state or congressional District
Preemption
Allows national government to override state and local actions and certain policy areas
Progressive federalism
Views relations between national and state governments as coercive and cooperative
