Chapter Three

Question 1

Bill of Attainder

Answer 1

legislative action declaring someone guilty without a trial; prohibited under the Constitution

Question 2

Block Grant

Answer 2

grant that comes with less stringent federal administrative conditions/provide recipients more latitude over how to spend grant funds, ex: Workforce Investment Act Program

Question 3

Categorical Grant

Answer 3

federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria; ex: Medicaid/food stamp program

Question 4

Concurrent powers

Answer 4

shared state and federal powers that range from taxing/borrowing/making/enforcing laws to establishing court systems

Question 5

Cooperative federalism

Answer 5

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

Question 6

creeping categorization

Answer 6

process in which the national govt attaches new administrative requirements to block grants or supplants them with new categorical grants

Question 7

devolution

Answer 7

process in which powers from the central government in a unitary system are delegated to subnational units

Question 8

dual federalism

Answer 8

style of federalism where states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism

Question 9

elastic clause

Answer 9

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

Question 10

Ex post facto law

Answer 10

law criminalizing an act retroactively; prohibited under the constitutiond

Question 11

federalism

Answer 11

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

Question 12

full faith and credit clause

Answer 12

found in article IV, section 1, clause requires states to accept court decisions/public acts/contracts of other states. AKA comity provision

Question 13

general revenue sharing

Answer 13

type of federal grant that places minimal restrictions on how state and local governments spend the money. Created during the time of Richard Nixon

Question 14

immigration federalism

Answer 14

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

Question 15

new federalism

Answer 15

style premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, improves outcomes

Question 16

nullification

Answer 16

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

Question 17

privileges and immunities clause

Answer 17

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

Question 18

race to the bottom

Answer 18

dynamic where states compete to attract business by lowering taxes and regulations, often to workers’ detriment

Question 19

unfunded mandates

Answer 19

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

Question 20

unitary system

Answer 20

centralized system of government in which the subnational govt is dependent on the central government, where substantial authority is concentrated

Question 21

venue shopping

Answer 21

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

Question 22

writ of habeas corpus

Answer 22

petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal

Question 23

commerce clause

Answer 23

empowers the federal government to regulate interstate economic transactions

Question 24

McCulloch c Maryland

Answer 24

uses the necessary and proper clause to justify the creation and charter of a national bank and could carry out such enumerated powers

Question 25

Sherman Antitrust act 1890

Answer 25

made it illegal to monopolize/attempt/conspire in restraining commerce