Chapter 3 Flashcards
Who resolves conflicts between National and State government?
Supreme Court
This case struck down the ability to arrest suspected illegal immigrants without warrant
Arizona vs US
What makes up the federal system?
State and Local Government
System in which the national gov and state gov share power and derive all authority from the people
Federal system
National gov share power and derive all authority from the people; led to a weak government
Confederation
Great Britain adapted this system in which the local and regional governments derive all authority from a strong national government
Unitary System
Powers of the national gov. Specifically granted to Congress in Article 1, section 8
Enumerated powers
The powers derived from enumerated powers and necessary and proper clause
Implied powers
The constitution underscored the notion that the national gov is supreme in situations of conflict between state and national law
Article 6
Entitles states to 2 senators and restrictions to the election
Article 1
Require that each state appoint electors to vote for the president
Article 2
Guarantees each state a “republican form of gov” meaning one that represents the citizens of the state
Article 4
Final part of the Bill of Rights that defines the basic principle of American fed. In stating that the powers not delegated to the national gov are reserved to the states or to the people
10th Amendment
Powers reserved to the states by the 10th Amendment that lie at the foundation of a state’s right to legislate for the public health and welfare for its citizens
Reserved powers
Powers shared by the national and state gov
Concurrent Powers
Denies some powers to both governments and prohibits the national gov. From granting titles of nobility
Article 1
A law declaring an act illegal without judicial trial that neither gov. Are allowed to pass
Bill of Attainder
Make an act unpublishable as a crime even if the action was illegal at the time it was committed
Ex Post Facto laws
Ensure judicial decrees and contracts made in one state will be binding and enforceable in any other state (Article 4)
Full faith and credit clause
Guarantees that the citizens of each state are afforded the same rights as citizens of all other states (Article 4)
Privileges and immunities clause
Requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial (Article 4)
Extradition Clause
In Article 3, section 10,clause 3 of the constitution sets the legal foundation for interstate cooperation; contracts between states that carry the force of law
Interstate compacts
States local gov do not have an inherent sovereignty and instead must be authorized by state gov. That can create and abolish them
Dillon’s rule
Articulated by Judge John F Dillon
Dillon’s Rule
A document that specifies the basic policies, procedures, and institutions of local gov; must be approved by state legislature
Charter
Basic administrative units of local gov
Counties
City gov greatest in response to the emergence of relatively densely populated areas
Municipalities
Local gov restricted to a particular function
Special districts
The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the supremacy clause
McCullough vs Maryland
Gave congress the authority to levy and collect taxes
McCullough vs. Maryland
Interstate commerce is an example of what?
Regulation
Taking away power from the federal gov. And give it back to the states
Devolution
The SC upheld broad congressional power to regulate interstate commerce
Gibbons vs Ogden
Paved the way for later rulings upholding expansive fed. Power
Gibbons vs. Ogden
The SC ruled that the due process clause of the 5th amendment did not apply to the actions of the states
Barron vs. Baltimore
Limited the bill of Rights to the actions of Congress alone
Barron vs Baltimore
The belief that having desperate and equally powerful levels of gov is the best arrangement (layer cake)
Dual Federalism
Right to declare void and federal law
Nullification
Ability to succeed or withdraw if provision do not wish to be met
Nullification
The SC concluded that the US congress lacked the constitutional authority to bar slavery in the territories
Dredd Scott vs Sandford
Enhanced state power and became the framework of dual federalism
Dredd Scott vs Sandford
Which acts allowed congress to establish itself as the supreme player in the national economy?
Interstate Commerce Act and the Sherman Antitrust Act
Authorized Congress to enact national income tax
16th Amendment
What event ended dual federalism?
Civil War
Made senators directly elected by the people, removing their selection from state legislature
17th Amendment
The intertwined relationship between the national, state, and local gov that began with the New Deal (marble cake)
Cooperative Federalism
The name given to the program of “relief, reform, and recover begun by Roosevelt in 1933 to bring the US out of the Great Depression
New Deal
Forced all level of gov to cooperate
New deal
What are the purposes of grants?
1) Providing state and local gov w/ additional funds
2) Setting national standards
3) financially equalize Rich and poor states
Grants for which Congress appropriated funds for specific purposes
Categorical grants
Grant based on population
Categorical Grants
Used to alter states’ policy priorities or to coerce states to adopt particular policy objectives; mechanism coercion
Categorical grants
Federal-State relationship proposed by Reagan administration during the 1980s and returned power to state gov
New Federalism
Large grants given to a state by the fed gov with only general spending guidelines; education and health
Block grants
Prevented Congress from passing costly fed programs without debate but difficult to enforce
Unfounded Mandate Reform Act of 1995
Federal funds designated for special project within a state or congressional district
Programmatic Requests
Immigration, redistricting, and health care and sided with national government
The Roberts Court
Concept that allows the national government to override state or local actions in certain policy areas
Preemption
Pragmatic approach to Federalism that views relations between national and state gov as both coercive and cooperative
Progressive Federalism
Who influences the limits of national gov?
John Marshall
Federalism also known as the devolution revolution
New Federalism
Also known as Conflicted Federalism
Progressive Federalism
concerned with “understanding which functions and instruments are best centralized and which are best placed in the sphere of decentralized levels of government”
Fiscal Federalism
an amount of money given to a local government, an institution, or a particular scholar.
Grants-in-aid programs
the distribution of a portion of federal tax revenues to state and local governments.
Revenue Sharing
Stop guns being used on public campuses by using the commerce clause
Us vs. Lopez
Stop recount
Bush vs Gore
Cannot ban the ownership and sales of weapons
District of Colombia vs Heller
Same sex marriage
Obergefell vs Hodges
