Chapter 3 Flashcards
Unitary system
A constitutional arrangement that concentrates power in a central government
Confederation
A constitutional arrangement in which sovereign nations or states by compact create a central government but carefully limit its powers and do not give it direct authority over individuals
Delegated powers
Powers given explicitly to the national Government and listed in the Constitution
Implied powers
Powers inferred from the expressed powers that allow Congress to carry out its functions
Necessary and proper clause
The clause in the Constitution setting forth the implied powers of Congress. It states that Congress in addition to its expressed powers, has the right to make all laws necessary and proper to carry out all other powers the Constitution invest in the national government
Inherent powers
The power of the national government in for affairs at the Supreme Court has declared do not depend unconstitutional grants but rather grow out of the national government obligation to protect the nation from domestic and foreign threats
Supremacy clause
Contained in article 5 of the constitution, the clause gives national laws the absolute power even Wednesday to have enacted a competing law
Commerce clause
The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations
Federal mandate
A requirement the national government imposes as a condition for receiving federal funds
Reserve powers
All powers not specifically delegated to the national government by the Constitution which are given to the statesThere is her powers can be found in the 10th amendment to Constitution
Concurrent powers
Powers of the Constitution gives to both the national and state government such as the power to levy taxes
Full faith and credit clause
The clause in the Constitution requiring each state to recognize the civil judgments rendered by the courts of the other states and to except public records and act as valid
Extradition
The legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed
Interstate compact
An agreement among two or more states. Congress must approve most such agreements
National supremacy
A constitutional doctrine that when ever conflict occurs between the constitutionally authorized actions of the national government and those of the state or local government actions of the national government prevail
Preemption
The right of the national autoregulation to pollute enforcement of the state or local law or regulation
Centralist
People who favor national action over action at the state and local levels
Decentralist
People who Weber state or local action rather than national action
States rights
How is expressly or implicitly reserved to the states
Devolution revolution
The efforts to slow the growth of the national government by returning May functions to the states
Federalism
Hey constitutional arrangement in which power is distributed between a central government and states, which are sometimes called provinces and other nations. The national and state exercise direct authority over individuals
Duel or layer cake
This type of federalism is defined as a strict separation of powers between the national and state government in which each layer has its own responsibilities and reigns supreme within its constitutional realm
What is cooperative or Marble cake federalism
A flexible relationship between the national and state government in which both work together on a variety of issues and programs
What is competitive federalism
Defined as a way to improve government performance by encouraging state and local government’s to compete against each other for residents business investment and national funding
What is permissive federalism
A strong national government that only allows for permits the states to act when it decides to do so. Although federalism generally assumed that the national and state governments will share power permissive federalism argues that the power to share belongs to the national government and national government alone
What is coercive federalism
Strong national government that exerts tight control of the states through orders are mandates
What is new federalism
A recent effort to reduce the National government’s power by returning or devolving responsibilities to the states it is sometimes characterized as part of the devolution revolution
What are disadvantages of federalism
Dividing powers makes it much more difficult for government to respond quickly to national problems
The division of power makes it difficult for voters to hold elected officials accountable
Define project grants
The national government support states to project grants for specific activities such as scientific research homeland security and some education programs
What is a formula grant
Distributed to the states based on a procedures set out in the grant legislation. The simplest form is population – each recipient government receives a certain number of dollars for each person who lives in the jurisdiction
Define a categorical grant
They are made for specific purposes hence the term category. Categorical grants for specific purposes such as Medicaid health care for the poor are tightly monitored to ensure that the money is spent exactly as directed. State and local government’s need to conform to all aspects of the funding legislation in order to receive the national funds
What is a block grant
Made for generalized governmental functions such as public assistance health services child care or community development these blocks of funding are provided with very few requirements attached states have flexibility and deciding how to spend block grants but they’re limited to specific amount set by the national government
What is bicameral legislator
A particular body of government that consists of two legislative houses or chambers
What is judicial review
Review by the US Supreme Court of the constitutional Validity of the legislative act
What was the McCullough versus Maryland case
Congress takes their article 1 Powers and creates a national bank
Maryland does not like that the national Bank has been put in their state so they claim they have the right to tax the national bank because their power is not delegated so therefore it is a reserved power
Congress argues that this act falls under the implied powers as well as the necessary and proper clause
What is nullification
A legal theory that a state has the right to invalidate any federal law which that state has deemed unconstitutional
What was Marbury versus Madison
I knew judiciary act is created which creates new courts and new people for each judiciary job. One of the people is Marbury
But not all official papers are given to each person
This case established judicial review
Revenue sharing
Can be spent on almost any governmental purpose
10th amendment
Reserved powers to the states
