ch 4 Flashcards
delegated powers
powers the Constitution grants or delegates to the national government.
expressed powers
powers directly expressed or stated in the Constitution by the founders. also known as the enumerated powers. In the first 3 articles of the constitution
implied powers
spring from and depend upon the expressed powers. not specifically listed in the constitution, further helping the founders in things they did not see
elastic cause
a “necessary and proper clause” allowing the powers of congress to stretch
inherent powers
powers that the national government may exercise controlling diplomatic relations with other countries. not specifically stated in the constitution
the federalist
papers james madison wrote explaining the constitution game too much power to the government. no. 45 explained how the constitution granted few and limited powers to the national government while the state’s powers were many, and broadly drawn.
reserved powers
grants to the states those powers “not delegated to the United States by the Constitution, nor prohibited by it to the states.”the states have authority over matters not found in the constitution
supremacy clause
laws that state the supreme laws of the land
concurrent powers- powers that both the national government and the states have.powers to tax, maintain courts, define crimes, and appropriate private property for public use.
denied powers
where the Constitution specifically denies some powers to all levels of government.
enabling act
when signed by the president, enables the people of the territory interested in becoming a state to prepare a constitution.
mcculough v maryland
where the Supreme Court ruled on a conflict between a state government and the national government, holding it to supreme
“full faith and credit”
shall be given in each state to the public acts, records, and judicial proceedings of every other state stated by the constiution
civil law
laws relating to disputes between indi-
viduals, groups, or with the state.
“privilages and immunities”
however, are rights to
pass through or live in any state; use the
courts; make contracts; buy, sell, and
hold property; and marry.
judicial proceedings
refers to various court actions such as judgments to pay
a debt.
interstate compacts
written agreements between two or more states, preventing states from threatening the Union by making alliances among themselves.then, their terms are forcible by the supreme court
interstate lawsuits
where states are unable to resolve their disputes
nationalist position
favors national action in dealing with federalist matters.
cheif justice rodger p. tanney- where the supreme court often supported states’ rights against powers of the national government.
income tax
levied on individual earnings, becoming the major source of money for the national government.
civil rights act of 1964
forbidding racial discrimination in public accommodations
such as hotels and restaurants.
federal grants
sums of money given to state or local governments to be spent for a variety of specific purposes.new roads, improve airport runways, etc:
preemption
the power to assume responsibility for a state government function, in order to gain authority over a state.
restraint
a requirement set by Congress that prohibits a local or state government from exercising a certain power.
mandate
a federal order requiring states to provide a service or undertake an activity regulated by Congress
sunset laws
require periodic checks of government agencies to see if they are still needed.
sunshine law
prohibits public officials from holding closed meetings.
bureaucracy
or organization of government administrators, to carry out legislation.
