Chapter Three Flashcards
Bill of Attainder
legislative action declaring someone guilty without a trial; prohibited under the Constitution
Block Grant
grant that comes with less stringent federal administrative conditions/provide recipients more latitude over how to spend grant funds, ex: Workforce Investment Act Program
Categorical Grant
federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria; ex: Medicaid/food stamp program
Concurrent powers
shared state and federal powers that range from taxing/borrowing/making/enforcing laws to establishing court systems
Cooperative federalism
style of federalism in which both levels of government coordinate their actions to solve national problems, leafing to the blending of layers as in a marble cake. Brought about by the economic depression
creeping categorization
process in which the national govt attaches new administrative requirements to block grants or supplants them with new categorical grants
devolution
process in which powers from the central government in a unitary system are delegated to subnational units
dual federalism
style of federalism where states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism
elastic clause
the last clause in Article 1, section 8; enables national government “to make all laws which shall be necessary and proper for carrying” out all its constitutional responsibilities
Ex post facto law
law criminalizing an act retroactively; prohibited under the constitutiond
federalism
an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution
full faith and credit clause
found in article IV, section 1, clause requires states to accept court decisions/public acts/contracts of other states. AKA comity provision
general revenue sharing
type of federal grant that places minimal restrictions on how state and local governments spend the money. Created during the time of Richard Nixon
immigration federalism
the gradual movement of states into the immigration policy domain traditionally handled by the federal government. Ex: Arizona and 2010 Senate bill 1070 = attrition by enforcement –> blocked
new federalism
style premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, improves outcomes
nullification
doctrine promoted by John Calhoun of South carolina 1830s, asserting that if a state deems a federal law unconstitutional, it can nullify it within its borders
privileges and immunities clause
found in article IV section 2 of the constitution, this clause prohibits states from discriminating against out-of-staters by denying such guarantees like access to courts, legal protection, property/travel rights
race to the bottom
dynamic where states compete to attract business by lowering taxes and regulations, often to workers’ detriment
unfunded mandates
federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation. Ex: Real ID act of 2005
unitary system
centralized system of government in which the subnational govt is dependent on the central government, where substantial authority is concentrated
venue shopping
strategy in which interest groups select the level and branch of government(legislative/etc) they calculate will be most receptive to their policy goals
ex: MADD redirecting lobbying at congress
writ of habeas corpus
petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal
commerce clause
empowers the federal government to regulate interstate economic transactions
McCulloch c Maryland
uses the necessary and proper clause to justify the creation and charter of a national bank and could carry out such enumerated powers
Sherman Antitrust act 1890
made it illegal to monopolize/attempt/conspire in restraining commerce
