Chapter 3 Flashcards

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1
Q

federalism

A

A system that divides power between the national and state government.

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2
Q

unitary system

A

a system where the central government has all of the power over subnational governments.

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3
Q

confederal system

A

a system where the
subnational governments
have most of the power.

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4
Q

What is an example of a confederal system?

A

The Articles of Confederation

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5
Q

commerce clause

A

grants Congress the authority to regulate interstate business and commercial activity.

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6
Q

What court case does the commerce clause apply to and why was it unconstitutional in this context?

A

-Lopez, it was unconstitutional because it was deemed that gun possession had nothing to do with commerce, and was a state right.

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7
Q

Why was Congress’ violation of the commerce clause in the US vs Lopez so concerning?

A

states were worried that if the commerce clause could be applied, then everything could be applied to the commerce clause, which reduces state power

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8
Q

necessary and proper
clause

A

Grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause.

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9
Q

What court case does the necessary and proper clause apply to and why?

A

-Mcculoch vs Maryland, because it was deemed that since the constitution didn’t restrict it to have a national bank, it was implied, and therefore necessary to uphold its expressed powers, because it does upend the constitution.

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10
Q

supremacy clause

A

Establishes the Constitution and the laws of the federal government passed under its authority as the highest laws of the land.

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11
Q

What court case does the supremacy clause apply to and why?

A

-Mcculoch vs maryland, because it was deemed that Maryland didn’t have a right to tax a national bank because the federal government was supreme.

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12
Q

Tenth Amendment

A

Reserves powers not delegated to the national government to the states and the people; the basis of federalism.
-reserved powers

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13
Q

reserved powers

A

Powers not given to the national government, which are retained by the states and the people.

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14
Q

concurrent powers

A

Powers granted to both states and the federal government in the Constitution.

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15
Q

What is an example of a concurrent power?

A

taxation, judiciary

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16
Q

What is an example of a reserved power?

A

-education and gun policy

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17
Q

full faith and credit clause

A

Constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.

18
Q

extradition

A

The requirement that officials in one state return
a defendant to another state where a crime was
committed.

19
Q

privileges and immunities
clause

A

Constitutional clause that prevents states from
discriminating against people from out of state.

20
Q

grants-in-aid

A

Federal money provided to states to implement public policy objectives.

21
Q

What are grants-in-aid an example of?

A

fiscal federalism

22
Q

categorical grants

A

Grants-in-aid provided to states with specific provisions on their use.

23
Q

dual federalism

A

A form of American federalism in which the states and the nation operate independently in their own areas of public policy.

24
Q

What is constitutional federalism the same as?

A

original/dual federalism

25
Q

unfunded mandate

A

Federal requirements that states must follow without being provided with funding.

26
Q

Are unfunded mandates heavily enforced?

A

no

27
Q

what is an example of an unfunded mandate?

A

the american disabilities act?

28
Q

what is an example of a categorical grant?

A

medicaid

29
Q

What is an example of a block grant?

A

TANF (transportation)

30
Q

Are categorical grants appropiated with state input?

A

-no, they are based on formulas that determine eligibility & payouts
-Congress or federal bureaucracy power

  • they often entail opportunity cost and matching funds
31
Q

block grant

A

A type of grant-in-aid that gives state officials more authority in the disbursement of federal funds.

32
Q

revenue sharing

A

When the federal government apportions tax money to the states with no strings attached.

33
Q

What is revenue sharing an example of?

A

devolution

34
Q

What are the benefits of fiscal federalism?

A

-wealth is redistributed throughout the states, and state/local govt.s use resources more efficiently and effectively.

35
Q

devolution

A

Returning more authority to state or local governments.

36
Q

federal system

A

A system where power is divided between the national and state governments.

37
Q

enumerated or expressed powers

A

Powers explicitly granted to the national government through the Constitution.

38
Q

exclusive powers

A

Powers only the national government may exercise.

39
Q

What are the three federalism models?

A

-Confederal, dual, unitary

40
Q

implied powers

A

powers not granted specifically to the national
government but considered necessary to carry out the enumerated powers.

41
Q
A