Chapter 3: Federalism and Separation of Powers Flashcards
Federalism
The system of government in which a constitution divides power between a central government and regional governments
Sovereignty
Supreme and independent political authority
Implied Powers
Powers derived from the necessary and proper clause of the Constitution. Such powers aren not specifically expressed but are implied through the expansive interpretation of delegated powers.
Reserved Powers
Powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states; these powers are reserved to the states.
Eminent domain
The right of the government to take private property for public use, with reasonable compensation awarded for the property
Police Power
The power reserved to the government to regulate the health, safety, and morals of citizens.
Concurrent Powers
The authority possessed by both state and national governments, such as the power to levy taxes.
Full Fatih and Credit Clause
The provision in Article IV, Section 1, of the Constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state.
Privileges and immunities
The provision in Article IV, Section 2, of the Constitution 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 affairs
Dual Federalism
The system of government in which fundamental governmental powers were shared between the federal and state governments, with that states exercising the most important powers.
Commerce Clause
The clause found in Article 1, Section *, of the Constitution, which delegates to Congress the power “to regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes.” This clause was interpreted by the Supreme Court to favor national power over the economy.
Cooperative Federalism
A type of federalism existing since the New Deal era, in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals.
Grants-in-aid
A general term for funds given by Congress to state and local governments
Categorical grants-in-aid
Funds given by Congress to states and localities and that are earmarked by law for specific categories, such as education or crime prevention.