Chapter 3: Federalism and Separation of Powers Flashcards

1
Q

Federalism

A

The system of government in which a constitution divides power between a central government and regional governments

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2
Q

Sovereignty

A

Supreme and independent political authority

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3
Q

Implied Powers

A

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.

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4
Q

Reserved Powers

A

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.

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5
Q

Eminent domain

A

The right of the government to take private property for public use, with reasonable compensation awarded for the property

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6
Q

Police Power

A

The power reserved to the government to regulate the health, safety, and morals of citizens.

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7
Q

Concurrent Powers

A

The authority possessed by both state and national governments, such as the power to levy taxes.

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8
Q

Full Fatih and Credit Clause

A

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.

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9
Q

Privileges and immunities

A

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.

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10
Q

Home Rule

A

The power delegated by the state to a local unit of government to manage its own affairs

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11
Q

Dual Federalism

A

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.

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12
Q

Commerce Clause

A

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.

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13
Q

Cooperative Federalism

A

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.

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14
Q

Grants-in-aid

A

A general term for funds given by Congress to state and local governments

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15
Q

Categorical grants-in-aid

A

Funds given by Congress to states and localities and that are earmarked by law for specific categories, such as education or crime prevention.

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16
Q

Project Grants

A

Grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competive

17
Q

Formula grants

A

Grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive.

18
Q

Unfunded Mandates

A

National standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement

19
Q

Block Grants

A

Federal funds given to state governments to pay for goods, services, or programs, with relatively few restrictions on how the funds may be spent.

20
Q

States’ rights

A

The principles that states should oppose increases in the authority of the national government.

21
Q

Legislative Supremacy

A

The preeminent position assigned to Congress by the Constitution

22
Q

Divided Government

A

The condition in American government in which the president is controlled by one party while the opposing party controls one or both houses of Congress.

23
Q

Executive Priviledge

A

The claim that confidential communications between the president and president’s close advisers should not be revealed without the consent of the president

24
Q

writ of habeas corpus

A

A court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas Corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.