Chapter 3 Flashcards
federalism
a political system in which power is divided between a central government and multiple constituent, proovincial, or state governments
unitary system
a centralized, national government retained virtually all governmental power, as in the case of the British monarchy
confederal system
created by the Articles of Confederation
created a national government, but the national government had little power to do anything
federal system
empowered to some extent both the state and national governments, thereby combining the benefits of both
enumerated powers
are essentially contained in list form in the U.S. Constitution, specifically in Article I, Section Eight
This text gives “Congress,” which should be taken to mean the national government, the power to do many specific things, including coining money, establishing post offices, and maintaining a navy, among others
elastic clause
it lets the federal government expand and stretch its power underr certain circumstances (also known as the “Necessary and Proper Clause”)
implied powers
not overtly stated powers, typically derived from the elastic clause
Supremacy clause
in conflicts between the state government and the federal government, the federal governmetn shall be presumed to win out over the state government(s)
Reserved Powers Clause
these powers as “reserved power” or, alternatively, “police powers.”
“The powers not delegated to the Uniteds States by the Constitution, nor prohibited by it to the States, are served to the States respectively, or to the people.”
concurrent powers
powers that are held by both the federal and the state governments
prohibited power
one that is denied to either the federal government, the state governments, or, at times, denied to both governments
ex post facto law
one that would criminalize some action for the purpose of prosecuting it after someone had already performed the action at a time when it was legal to do so
vertical federalism
it describes a dynamic occurring between government on two different levels, federal and state
horizontal federalism
provisions that puts all the states on the same playing field
full faith and credit clause
requires each state to respect “the public Acts, Records, and judicial Proceedings of every other State.”
this statement means that contracts and judicial orders arising out of one state will continue to be binding in other states, nostly because it better facilitates national commerce.
Privileges and immunities clause
serves to equalize power distribution between states
guarantess that citizens of one state shall be deemed to possess the same fundamental rights as citizens of all other states
also known as the comity clause
comity
means a friendly social atmosphere, which probably would better come about if everyone thought they were on equal footing with everyone else
comity clause
it prevents any state from discriminating against visiting citizens from another state in certain respects, which would tend to preserve harmony as people travel between states
interstate rendition (extradition)
occurs when a fugitive apprehended in one state is handed over to the authorities of another state for prosecution for crimes committed in that latter state
interstate compacts
serve to harmonize relationships between states
legally binding agreements between two or more states to do something that must be approved by Congress before taking effect. i.e. natural resources
McCulloch v. Maryland
“the bank case”
supreme court case that established the implied constitutional power of Congress to create a national bank
interstate commerce clause
states that Congress, not the states, shall have the power “to regulate Commerce with foreign nations, abd among the several States, and with the Indian Tribes”
Gibbons v. Ogden
“steamboat case”
supreme court case that established the federal government’s power to regulate interstate commerce
John Barron v. The Mayor and City Council of Blatimore
the Court essentially ruled that the freedoms guaranteed by the Bill of Rights did not restrict the state governments but, rather, applied only to the federal government
dual federalism
the federal government and the state governments are viewed as each having their own “sphere of influence” in which each exercises power and into which the other may not encroach
cooperative federalism
the lines between governmental spheres blurred and became more fluid
the two governments work together on implementation
court-packing plan
the idea of adding justices to the Supreme Court or lower courts to shift the balance in a liberal, conservative or other direction. And it wouldn’t require changing the constitution, either.
adding 6 additional justices
categorical grant
grant given by the federal government for state governments to do specific things like the land grant that created colleges
it prevented the states from doing with the money however they saw fit, the grants were given for specific things that the federal government wanted the state governments to do
unfunded federal mandates
mandates given by the federal governemt for the states to accomplish but without adequate money to spend for this purpose
New Federalism
a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states, started by President Reagan
block grants
states and local governments receive sumes of money along with better flexibility in determining how the funding can be spent
New Age Federalism
Washington D.C. supposedly gently encouraged states to explore new ideas and options for policymaking–yet, ultimately, had no trouble imposing federal solutions on problems that states failed to solve.
