Chapter 2 Flashcards
Federalism
The sharing of power between a central government and equally sovereign regional governments (Canada, Australia, Germany, etc)
Unitary Governments
Those with single authority in a central capital with uniform law throughout the land (UK, France, Italy, Japan, etc)
Full Faith and Credit
States must regard and honor the laws in other states
Privileges and Immunities Clause
Declares “citizens of each state shall be entitled to all privileges and immunities of citizens in the several states”
Extradition Clause
Obligates states to deliver captures fugitive criminals back to the state where the committed the original crime
Police Powers
States have powers to create and enforce laws on health, safety, and morals
Ninth Amendment
Rights not listed reserved by the people
Tenth Amendment
Powers not delegated to the federal government reserved by the states
Delegated Powers (Expressed Powers)
Powers the Constitution delegated to the federal government (Article 1, Section 8)
Reserved Powers
Not specifically listed, and thus any powers not mentioned remain with the states
Concurrent Powers
Powers are held by authorities from the state and federal level (both can lay and collect taxes, define crimes, run court systems, and improve lands)
Obergefell v. Hodges
Supreme Court ruled (5:4) that the right to same-sex marriage was guaranteed by the due process clause and the equal protection clause in the 14th amendment
Strict Constructionist
One who believes the Constitution should be interpreted literally or strictly
Whiskey Rebellion
Whiskey Distillers refused to pay federal tax collectors, prompting Washington to call on militia. The rebellion was easily put down with a “brutal display of force,” causing many to question federal power.
Alien and Sedition Acts
These laws allowed the federal government to jail anyone who spoke out about the government’s cause and to deport any foreigners who posed a threat against the US
Compact Theory
Held that the 13 sovereign states, in creating the federal government, had entered into a compact (contract), regarding its jurisdiction (response to the Alien and Sedition Acts)
Nullification
The right to declare null and void any federal law if a state thought the law violated the Constitution
McCulloch v Maryland (1819)
Maryland viewed that the federal government had no legal right to create a bank. The state then tried to tax this bank, but when the chief cashier refused to pay, the case ended up in court. The Supreme Court ruled that even though the creation of a bank is not explicitly stated, there are phrases such as “coin money,” “borrow money,” and “collect taxes.” Therefore, Congress has the ability to create a bank under the elastic clause so it can carry out its purpose.
Dual Federalism (Layer Cake)
The supremacy of the national and state government in their own spheres
Selective Exclusiveness
A doctrine asserting that only Congress may regulate when the commodity requires a national uniform rule
Sixteenth Amendment
Created the federal income tax
Seventeenth Amendment
Made it so the general public voted Senators into office
Fiscal Federalism
Congress collects federal tax revenues and distributes these funds to the states to take care of particular national concerns
Grants-in-Aid Programs
Helps states take care of basic needs
Categorical Grants
Grants with particular congressional guidelines or requirements (strings attached)
Block Grants
Offer larger sums of money to the state to take care of some large, overarching purpose, without the strings of the categorical grants
New Federalism
A political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states (Reagan)
Mandates
Require states to comply with a federal directive, sometimes with the reward of funds and not with funds
Clean Air Act
Set requirements and time tables for dealing with urban smog, acid rain, and toxic pollutants
Americans with Disabilities Act
Made public sector buildings and transportation systems accessible for disabled individuals
Devolution
Devolving some of the responsibilities assumed by the federal government over the years back onto the states
Unfunded Mandates Reform Act
Denied Congress ability to issue unfunded mandates
Personal Responsibility and Work Opportunity Reconciliation Act
Restricted welfare system to return much authority and distribution of welfare dollars to the states
United States v Lopez (1995)
Lopez was arrested, tried and sentenced in a federal court after carrying a handgun into a San Antonio high school. This was a violation of the Gun-Free School Zone Act of 1990, but Lopez argues that the federal government had no business in a state-run school. The government tried to claim that connections to guns and drugs put the area under their jurisdiction through the commerce clause. The Supreme Court ruled that a gun near school property does not have an impact on interstate commerce, therefore the government has no authority.
Elementary and Secondary Education Act (1965)
Ensured that lesser-funded schools received adequate resources
No Child Left Behind Act (NCLB)
Declared every child can learn and that schools and states should be held accountable for student learning
Every Student Succeeds Act (ESSA)
States are free to determine their own standards for educational achievement while still upholding protections for disadvantaged students
Revenue Sharing
A policy under fiscal federalism that requires both national and local funds for programs
Cooperative Federalism (Marble Cake)
The intermingled relationships among the national, state, and local governments to deliver services to citizens
