Chapter 3 (Unit 1) Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Federalism

A

Power divided between national + state governments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

McCulloch v Maryland
State or Fed Power?

A

Is establishing a fed bank constitutional? Can states tax fed banks?
9 - 0 Decision: McCulloch
Yes, constitutional under Elastic Clause (beneficial to stare economy). States can’t tax fed banks bc Constitution is supreme
Gives power to FED govmnt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

U.S. v Lopez
State or Fed Power?

A

Is Gun Free School Zones Act unconstitutional?
5 - 4: Lopez
Yes, GFSZA is unconstitutional bc mere possession of a gun isn’t Commerce and therefore can’t be controlled by Commerce Clause
Gives power to STATE govmnt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

No Child Left Behind
(State or Fed)

A

Gives states federal funding specifically for education, ONLY if standardized testing implemented
Gives FEDERAL power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Unitary Sys

A

Central govt has ALL power over subnat’l govts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Confederal Sys

A

Subnat’l govts have MOST power
- US under AoC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Federal Sys

A

Pwr divided btwn nat’l + state govt
- each govt lvl = exclusive + denied powers
- Constitution protects against power creep

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Enumerated/expressed powers

A

Pwr explicitly given to nat’l govt thru Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Exclusive powers
(Examples)

A

Pwr EXPLICITLY given to natl govt
- coin $$
- declare war
- support army
- treaties
- naturalization
- interstate + foreign commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Implied powers
(Examples)

A

Not explicitly given to fed govt in Constitution, BUT considered a necessary law/policy to better carry out/support enumerated powers
- making air force (necessary to support army)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Denied powers

A
  • CANT violate rights (BoR)
  • CANT do bills of attainment
  • CANT do ex-post facto
  • CANT do habeas corpus
  • CANT admit new states w/out territory
  • CANT impose taxes on goods WITHIN states (intrastate
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Concurrent Powers

A

Given to both State + Fed
- taxing
- borrow $$
- laws, courts
- charter banks + corps

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Supremacy Clause
(Article, Sec, Clause)

A number that also starts with S..

A

Constitution + fed laws = highest law of the land
(Article 6, Clause 2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Necessary and Proper Clause
(Article, Sec, Clause)

A

Government can create a law if it’s deemed necessary to carry out an enumerated power
Article 1, Sec 8, Clause 18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Commerce Clause
(Article, Sec, Clause)

A

regulate commerce with foreign nations and interstate
Article 1, Sec 8, Clause 3

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Full Faith + Credit Clause
(Article, Sec, Clause)

A

Legal documents in one state are valid in all other states (ex: marriage, drivers license, criminal record)
(Article 4)

17
Q

Extradition

A

State has to return criminal to state of original crime / trial
(Article 4)

18
Q

Privilege + Immunities Clause

A

Can’t discriminate against out-of-state ppl (ex. Taxes)
- doesn’t count for state unis because locals pay taxes for that, so their costs should be lower)
(Article 4)

19
Q

10th Amendment

A

Establishes reserved state powers
- elections
- police
- diff govt bodies
- INTRAstate commerce

20
Q

13th Amendment

A

Outlaw slavery

21
Q

14th Amendment

A

Born in the U.S. = Citizen
Can’t deny:
- due process (treated fair under law)
- equal protection

22
Q

15th Amendment

A

Afr Am males = right to vote

23
Q

Dual Federalism

A

States + nat’l govt enact public policy INDEPENDENTLY
(layer cake)

24
Q

Cooperative Federalism

A

States + nat’l govt enact policy by WORKING TOGETHER
- don’t do the same roles. One supports the other in their role

25
Q

Selective Incorporation

A

Liberties in BoR also applied to states on case-by-case basis
- technically in Constitution it says only fed govt can’t infringe on rights… but they clarified that afterward!

26
Q

fiscal federalism

A

fed govt uses grants-in-aid to influence state policy

27
Q

grants-in-aid

A

fed $$ given to states (2 kinds?)

28
Q

categorical grants

A

$$ to state/local/regional govt w/ specific policy + fund-related goals
- specific use instructions
- sometimes awarded on factors

29
Q

block grants

A

$$ to state/local/regional govt with broad goals
- small govts can suit the funds to what their communities need

30
Q

unfunded mandate

A

states need to require federal requirements without federal funding

31
Q

revenue sharing

A

federal gov gives tax $$ to states w/ no strings attached

32
Q

devolution

A

Federal power returned to the states
- like evolution… but backwards… as in back to states
- Reagan

33
Q

Main conflict (which two bodies?)

A

Fed vs state