Chapter 3 Test Flashcards
What is the name of the clause that denotes the implied powers?
The Necessary and Proper Clause/ Elastic Clause
What are concurrent powers?
powers that belong to both the nat’l and state gov’ts
What 4 guarantees does the Constitution give to the states?
1) republican form of gov’t
2) protections against foreign invasion
3) protections against domestic violence
4) respect for geographic integrity of states
What happened as a result of McCulloch v. Maryland?
Marshall court ruled that although no provision of the Constitution grants the nat’l gov’t the expressed power to create a nat’l bank, the authority to do so can be implied under the Necessary and Proper Clause/Elastic Clause
What happened as a result of Gibbons v. Ogden?
The Marshall court defined commerce as including all business dealings, and the power to regulate interstate commerce belongs exclusively to natl’l gov’t
What was the first interpretation of federalism? Describe it.
Dual federalism views the nat’l and state gov’ts each remaining supreme within their own sphere of influence; “layer cake federalism” b/c each level is separate
What was the second interpretation of federalism? Describe it.
Cooperative federalism views the nat’l and state govt’s as sharing policymaking and cooperating in solving problems; “marble cake federalism;”
What was the historical era surrounding cooperative federalism?
New Deal era and the need for the natl’ gov’t to increase gov’t spending and public assistance programs during the Great Depression i.e. national interstate highway; also LBJ’s “Great Society” required greater cooperation from the states in return for federal grants
What does devolution mean? What presidents employed it?
Devolution is a transfer of power to political subunits; Nixon, Reagan, and George H.W. Bush; i.e. welfare reform legislation, which gave more authority over welfare programs to the states
What is fiscal federalism?
the nat’l gov’ts pattern of spending, taxation, and providing grants to influence state and local gov’ts
What does the nat’l gov’t use fiscal policy for?
to influence the states through granting or withholding money to pay for programs
What are categorical grants? Describe 2 types
categorical grants have a specific purpose defined by law i.e. sewage treatment facilities or school lunch programs
- project grants- awarded on the basis of a competitive application
- formula grants- awarded on the basis of an established formula like Medicaid
What are block grants?
general grants that can be used for a variety of purposes within a broad category such as education, health care, or public services; fewer strings attached so state and local gov’ts have grater freedom in how the $$ is spent; preferred by states over categorical grants
What is revenue sharing?
proposed under LBJ, popular under Nixon; no strings attached form of aid to state and locla gov’ts; can be used for virtually any project but never exceeded more than 2% of revenues; Reagan eliminated them
What are mandates?
requirements imposed by the nat’l gov’t on the state and local govt’s i.e. Americans w/Disablities Act mandates that all public buildings be accessible to persons w/disabilities; often require state or locla gov’ts to meet the requirement at their own expense (unfunded mandates)
What did the 10th Amendment do?
reserved powers to the states i.e. education and law enforcement
What are the two main conditions required for something to be “necessary and proper?”
the law or power must be
1) directly applicable to the main, enumerated power
2) lesser than the main power
What was the decision of US v. Lopez?
Gun Free School Zone Act was intrusion by nat’l gov’t on state sovereignty; law not substantially related to interstate commerce
What were the 3 categories of activities that US v. Lopez established could be regulated under the Commerce Clause?
- the use of the channels of interstate commerce i.e. prohibiting discrimination at hotels
- the instrumentalities of interstate commerce i.e. railroads
- activities that have a substantial relation to interstate commerce
What was the decision in Gonzalez v. Raich?
only a rational basis was needed for deciding the activity would affect interstate commerce
Name some advantages of federalism
- allows more ppl opportunity to participate
- promotes innovation by allowing states to act as laboratories
- regional interest groups get a strong political voice on the nat’l scene
- encourageas diversity on policy issues
Name some disadvantages of federalism
- leads to fragmentation of American politics
- iniquity among states
- states can obstruct implementation of nat’l policy
Name 5 powers reserved for the federal gov’t
- coin $$
- regulate the economy and foreign and interstate commerce
- declare war
- manage nat’l military
- direct foreign relations
Name 5 powers reserve for state gov’ts
- create local level of gov’t
- regulate intrastate commerce
- hold elections
- ratify amendments
- conduct social policymaking
Name 4 powers shared by the federal and state gov’ts
- make and enforce laws
- collect taxes
- maintain courts
- allocate $$ for public needs
What concept did McCulloch v. Maryland enforce?
the supremacy of the nat’l gov’t
What did the elastic clause as interpreted in McCulloch v. Maryland allow Congress to do?
to act on implied powers that are not specifically defined in the Constitution
Describe full faith and credit clause
requires each state to formally recognize the documents and judgments handed down by courts in other states; helps coalesce state laws under nat’l umbrella
Describe extradition
allows for the return of fugitive criminals arrested in one state to the state in which the crime was committed for prosecution
Describe privileges and immunities clause
also helps unify the states by assuring that ll citizens are treated equally when they travel from state to state
Name 3 aspects of cooperative federalism
- shared costs- to receive federal aid, states must pay for a part of a program
- federal guidelines- to receive funding, state programs must follow federal rules and regulations
- shared administration- though programs must adhere to basic federal guidelines, they are administered according to the state’s directives
term for the nat’l or state gov’t power to take land for the ‘public good’ as long as there is ‘just compensation’
eminent domain
Case in which the SUpreme Court interpreted very broadly the ability of Congress to regulate interstate commerce
Gibbons v. Ogden
Clause in Article I of the Constitution that has been used very often by Congress to expand their reach over the states
commerce clause
What powers are granted to the nat’l gov’t simply b/c it is a sovereign nation?
inherent powers
Many rights, like laying taes, are given to both the nat’l and state gov’ts making it what type of power?
concurrent
What implies that contracts, like a marriage licence, will be valid in the state they were issued as well as others?
full faith and credit
early supreme court decision that declared nat’l supremacy
McCulloch v. Maryland
Rights, not specifically mentioned in the Constitution, are given to citizens through which amendment?
9th
Name an amendment to the Constitution that the federal gov’t has used to expand its power over the states
14th
requirements that direct states, usually through a federal law, to provide additional services under threat of penalties (and a law that is an example of it)
mandate/americans with disabilities
What basic principle of the Constitution states the ppl are the only source of gov’t?
popular sovereignty
the amendment that states use to reserve powers to themselves and limit the power of the federal gov’t
10th Amendment
What example of Cooperative Federlism involves the federal gov’t supplying $$ to local gov’ts to carry out their functions?
grant-in-aid programs or grants
Which case ruled that Congress had implied powers in addition to its enumerated powers?
McCulloch v. Maryland
Which case defined commerce very broadly to encompass virtually every form of commercial activity?
Gibbons v. Ogden
