Chapter 3 Flashcards
a legislative action declaring someone guilty without a trial; prohibited under the Constitution
bill of attainder
a type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds
block grant
a federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria
categorical grant
shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court systems
concurrent powers
a style of federalism in which both levels of government coordinate their actions to solve national problems, leading to the blending of layers as in a marble cake
cooperative federalism
a process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants
creeping categorization
a process in which powers from the central government in a unitary system are delegated to subnational units
devolution
a style of federalism in which the states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism
dual federalism
the last clause of Article I, Section 8, which enables the national government “to make all Laws which shall be necessary and proper for carrying” out all its constitutional responsibilities
elastic clause
a law that criminalizes an act retroactively; prohibited under the Constitution
ex post facto law
an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution
federalism
found in Article IV, Section 1, of the Constitution, this clause requires states to accept court decisions, public acts, and contracts of other states; also referred to as the comity provision
full faith and credit law
a type of federal grant that places minimal restrictions on how state and local governments spend the money
general revenue sharing
the gradual movement of states into the immigration policy domain traditionally handled by the federal government
immigration federalism
a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes
new federalism
a doctrine promoted by John Calhoun of South Carolina in the 1830s, asserting that if a state deems a federal law unconstitutional, it can nullify it within its borders
nullification
found in Article IV, Section 2, of the Constitution, this clause prohibits states from discriminating against out-of-staters by denying such guarantees as access to courts, legal protection, and property and travel rights
privileges and immunity clause
a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment
race-to-the-bottom
federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation
unfunded mandates
a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated
unitary system
a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals
venue shopping
a petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal
writ of habeas corpus
5 structural characteristics of federal systems worldwide
- 2 government levels
- unchangeable written constitution
- allocate authority to two levels of government in equal way
- national courts resolve issues between departments of government
- subnational governments are represented in upper house of national legislature
enumerated powers of the national legislature are found in
Article I, Section 8
empowers the federal government to regulate interstate economic transactions
commerce clause
3 things govt. cant do
- writ of habeas corpus
- bill of attainder
- ex post facto law
state limits based on Constitution
- entering into treaties with other countries
- coining money
- levying taxes on imports and exports
“No state(or other political subdivision within the United States) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state.”
Defense of Marriage Act (DOMA)
provided immediate economic-crisis management assistance such as helping local and state economies ride out the Great Recession and shoring up the country’s banking sector
American Recovery and Reinvestment Act (ARRA)
3 largest spending categories in government
- social security
- healthcare
- defense and international security assistance
benefits of hamilton’s charter bank
- to foster econ. development
- print/circulate paper money
- provide govt. loans
James McCullough refused to pay taxes
McCullough v. Maryland
determine if federal govt. had sole authority to regulate licensing of steamboats
Gibbons v. Ogden
made it a crime to speak openly against the government
Sedition Act in 1798
ruled nat govt lacked power to ban slaves in territories
Dred Scott v. Stanford-Supreme Court
Lincoln’s election caused 11 south states to secede from U.S. b/c he challenged _______
slavery
Civil War caused power shift to
national government
2 factors that aided federalism
- Supreme Court rulings blocked attempts by state/fed. govts to step outside jurisdictional boundaries
- prevailing econ. philosophy hated govt interference in industrial development
created the Interstate Commerce Commission
Interstate Commerce Act in 1887
Supreme Court ruled that nat govt. lacked the power to regulate manufacturing
U.S. v. E.C. Knight
effects of great depression
- unemployment 25%
- Industrial output dropped by half during Great Depression fo the 1930’s
- stock market assets lost over half of value
- thousands of banks went out of business
- gross domestic product dropped by 1/4
created federal subsidies for state-administered programs for those in need
Social Security Act of 1935
two lasting attributes from cooperative federalism
- activism aimed at addressing national problems
2. the flexibility in the implementation of federal social welfare programs
numerous federal grant programs related to welfare reviewed and reformed
Omnibus Budget Reconciliation Act of 1981
banned gun possession in school zones
Gun-Free School Zones Act of 1990
failure to comply results in punishments
crosscutting mandates
Supreme Court decision making abortion legal nationwide, anti-abortion advocates initially targeted Congress in hopes of obtaining restrictive legislation
1973: Roe v. Wade
believed that states could harness constitutional authority to engage in innovations that could be diffused to other states and at national level
Louis Brandeis
