Chap 3 Flashcards
Unitary systems
system where the central gov has all the power over subnational govs (such as the states); national gov may disperse certain powers to subnational govs but has the power to take back any powers it delegates
Conferral systems
subnational govs have the most power (opp of unitary system); national govs are heavily dependent on the states to carry out and pay for public policies (ex. US under Articles of Confed)
Federal systems
power is divided between the national and state govs; each level of gov retains some exclusive powers and has some powers denied to it; have constitutional protections for each level against encroachments on its powers by the other levels
enumerated/expressed powers: Exclusive powers
- only the national gov can exercise
- stated directly in constitution (A1, section 8)
- ex. coin money, declare war, raise & support army and navy
Tenth Amendment
reserves the powers not delegated to the national gov to the states and the people; BASIS OF FEDERALISM (constitution never uses the word “federalism”)
Reserved powers
powers not given to national gov, which are retained by the states and ppl
-ex. provide police & fire protection, conduct elections
Concurrent powers
powers granted to both states and the fed gov in the constitution
- ex. levy taxes, borrow money, reg banks, create + operate court systems
Full faith and credit clause
constitutional clause requiring states to recognize public acts, records, and civil court proceedings from another state
Extradition
requirement that officials in one state return defendant to another state where a crime was committed
Privileges and immunities clause:
constitutional clause that prevents states from discriminating against people from out of state
McCulloch v. Maryland
US congress sets up nat bank in maryland; Maryland thinks its unconstitutional + tries to tax it
Q: did congress gave the authority to commission nat bank? if so did state of Maryland have authority to tax a branch of the bank operating w/in its borders?
ruled in fac of nat gov:
- congress had authority under NECESSARY AND PROP CLAUSE
- M couldn’t tax: interfered w/ exercise of congress’s constitutional power; SUPREMACY CLAUSE
Gibbons v. Ogden
aka steamboat monopoly case
two steamboat businessmen in NY & NJ had been granted different licence over the same route, Ogden granted monopoly by the state of NY and Gibbons licensed by the fed gov. Gibbons filed suit to block the monopoly; tested the COMMERANCE CLAUSE
ruled in favor of national gov/Gibbons:
SUPREMACY CLAUSE
15th Amendment:
gave male African Americans the right to vote
Dual federalism:
a form of American federalism in which the states and the national operate independently in the own areas of public policy
selective incorporation:
process through which supreme court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis
