chapter 3 Flashcards
How many expressed (Enumerated) powers are there, and where are they located in the Constitution?
17; Article 1 Section 8
where are implied power located in the constitution? What is an example?
end of section 8; Necessary and Proper clause
powers specifically given to Congress in the Constitution
enumerated powers
political powers granted to the United States government that aren’t explicitly stated in the Constitution
implied powers
powers that are independent of an authorizing power and are inherent to the government in its role as sovereign
inherent powers
grants specific powers to the federal government including coin money, conduct foreign relations, raise an army and declare war, levy and collect taxes, and regulate interstate commerce
Article 1 Section 8
what case was the first major step in the expansion of federal power
McCulloch v. Maryland
“the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (Reserve Powers Clause)
10th Amendment
declares that each state must recognize the “public acts, records, and judicial proceedings of every other state” (Article IV)
Full Faith and Credit Clause
a given state has the ability to regulate the health, safety, and morals of its citizens
police powers
these are powers shared by both federal and state governments including levy and collect taxes, borrow money, make and enforce laws, and establish courts
Concurrent powers
where is the Full Faith and Credit Clause located in the constitution?
Article IV Section 1
where is the comity clause located in the constitution?
Article IV Section 2
guarantees that all citizens from outside a given state enjoy the “privileges and immunities” (also called the privileges and immunity clause)
the comity clause
which amendment banned slavery
13th amendment
which amendment provided equal protection and due process
14th amendment
prohibits denying voting rights based on “race, color, or previous condition of servitude” (allowed black males to vote)
15th Amendment
both state governments and the national government have powers to make laws
dual sovereignty
a constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others
dual federalism
what are the 2 types of grants-in-aids
Categorical grants, and block grants
money granted by the federal government to state and local governments, with strict limitations on how it is to be spent
Categorical grants
what are the 2 types of categorical grants?
project grant, and formula grant
programs through which the national government gives money to state and local governments to spend in accordance with set standards and conditions
Grant-in-aid
sums of money awarded to fund a specific project or the production of a particular deliverable.
project grants
a type of federal funding that is awarded based on a set formula rather than through a competitive process. These grants are typically given out to state and local governments, and they’re often used to fund things like transportation and public safety
formula grants
federal grant-in-aid program that provides money for a program in a broad, general policy area, such as elementary and secondary education
Block Grants
adopting a regulatory policies that overrule state policies in a particular regulatory area
federal preemption
a provision in legislation, statute or regulation that would impose an enforceable duty upon State, local, tribal governments, or the private sector
federal mandates
congress sometimes uses federal grant money to compel states to adopt policies favored in Washington
Fiscal Persuasion
when federal government turns programs over to the states
devolution
federal government returns powers to the states (starts with president Nixon)
New Federalism
federal requirements that states or local governments pay the costs of federal policies
unfunded mandates
cases where the national government imposes its priorities on states
Preemption
allows to strike down other 2 branches actions as unconstitutional
Judicial Review
what court case involves Judicial review
Marbury vs Madison
a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs (also called the marble-cake federalism)
cooperative federalism
called the 50 labs of democracy
states
Edmund Burke
Trustee, and Delegates
