Chapter 3 Flashcards
Another name for dual federalism.
Layer cake
When was dual federalism prevalent?
Founding through 1937
State and national governments reign supreme in their respective spheres
Dual federalism
Mingling of state and national responsibilities
Cooperative federalism
Sharing of powers and policy assignments
Cooperative federalism
Slang name for cooperative federalism
Marble cake
Shifting power toward the states
New federalism
Who is new Federalism associated with?
Nixon and Reagan
Enumerated powers are derived from _________.
What is explicitly written in the constitution
National powers include:
- diplomatic recognition
- national defense
- acquiring territories
Local and county governments are considered to be _______ governments.
State
Powers granted to congress but not denied to states
Concurrent powers
National supremacy clause
State laws must comply with national laws
Three obligations of state governments
- full faith and credit
- privileges and immunities clause
- extradition
Full faith and credit
Each state must honor records of other states
Why is full faith and credit controversial?
Because it required states to recognize same sex marriages enacted in other states
In 1996, what bill was passed to weaken full faith and credit controversy?
Defense of Marriage Act (DOMA)
Citizens of other states granted the same rights as citizens of that state; cannot unreasonably discriminate against other citizens
Privileges and immunities clause
What is considered reasonable discrimination under privileges and immunities clause?
College tuition differences for in and out of state students
Governments expected to return convicts to the state they are accused in
Extradition
Agreements between the states are called
Compacts
3 Rights Guaranteed to States
1) Republican form of government
2) Protection from invasion and attack
3) new states granted same rights as old
Belief that the constitution limits national authority
Decentralists approach
Philosophy of interpreting the constitution narrowly, giving most rights to the states
Strict constructionist view
What group holds a strict constructionist view and believes in state rights?
Decentralists
Well known Decentralists include:
Ronald Reagan, Newt Gingrich, Barry Goldwater
Political parties who prefer Decentralist Approach
Republicans, Christian Fundamentalists, Southern Conservatives
A belief that the constitution was created by the people, not the states. Therefore, it’s the people whose rights are important
Centralist
The role of the national government in the centralist approach
Protecting citizens when states do not
Political party who favors Centralist Approach
Democrats
Famous Centralists
Alexander Hamilton, Franklin D. and Theodore Roosevelt, Kennedy, Clinton, Obama
Historically dominant approach
Centralist
Court case establishing the idea of implied powers
McCullock vs. Maryland
Congress can pass any law deemed necessary and proper
Elastic Clause
The right of congress to regulate virtually anything
Commerce clause
Which type of grant is becoming more popular in America?
Block
Traditionally, what political party favors block grants?
Republican
Devolution revolution
The effort to slow the growth of the federal government by returning many functions to the states.
Express powers
Powers the Constitution specifically grants to one of the branches of the national government.
Constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its power and do not give it direct authority over individuals
Confederation
Powers inferred from the express powers that allow Congress to carry out its functions
Implied powers
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government will prevail.
National Supremacy
McCulloch vs. Maryland
established principle of national supremacy, or the overruling power of national vs. state law
Preemption
federal law’s precedence of state or local law
3 concurrent powers
Taxing
Court systems
Law enforcement
