Chapter 3 Flashcards
sovereignty
supreme and independent political authority
implied powers
Powers derived from the necessary and proper clause
Such powers are not specifically expressed but are immplies through the expansive interpretation of delegated powers
reserved powers
powers derived from the tenth amendment
are not specifically delegated to the national gov or denied to the states
these powers are reserved to the states
eminent domain
the right of the government to take private property for pubic use with reasonable compensation awarded for the property
police power
the power reserved to the government to regulate health, safety, and moral of its citizens
concurrent powers
the authority possessed by both state and national governments such as the power to levy taxes
full faith and credit clause
requires that each state normally honor the public acts and judicial decisions that take place in another state
privileges and immunities
stating that a state cannot discriminate against someone from another state or give its own residents special privileges
home rule
the power delegated by the state to a local unit of government to manage its own affair
dual federalism
system of government in which fundamental governmental powers were shared between the federal and state governments with the states exercising the most important powers
commerce clause
Congress has the power to “regulate Commerce with foreign Nations and among the states”
cooperative federalism
type of federalism existing since the New Deal era in which grants in aid have been used strategically to encourage states and localities to pursue nationally defined goals
grants-in-aid
a general term for funds given b Congress to state and local governments
categorical-grants-in-aid
Funds given by Congress to states and localities and that are earnmarked by law for specific categories such as education or crime prevention
project grants
grant programs in which state and local governments submit proposals to dederal agencies and for which funding is provided on a competitive bases
formula grants
grants in aid in which a formula is used to determine the amount of federal funds a state or local government will recieve
unfunded mandates
national standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursment
block grants
federal funds given to state governments to pay for goods, services, or programs, with relatively few restrictions on how the funds may be spent
states’ rights
the principle that states should oppose increases in the authority of the national government
most popular before civil war
state soverign immunity
a legal doctrine holding that states cannot be sued for violating an act of Congress
Legislative supremacy
Preeminent position assigned to Congress by the Constitution
Divided government
Condition in American government in which the presidency is controlled by one party while the opposing party controls one or both houses of congress
Executive privilege
The claim that confidential communications between the president and the presidents close advisers should not be revealed without the consent of the president
Writ of habeas corpus
A court order demanding that an individual in custody must be brought into court and shown the cause for detention