federalism Flashcards
article 1, sec 8
congress has the power to collect taxes, establish currency, declare war, regulate commerce
implied powers
congress can make laws that are necessary for carrying into execution the foregoing powers
reserved powers
10th amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
power of coercion
state’s power to develop and enforce criminal codes, administer health and safety rules, regulate the family via marriage and divorce laws, define private property
concurrent powers
state share powers with the national gov; power to regulate commerce and affect the currency by establishing banks and regulating conditions of labor
full faith and credit clause
each state is expected to honor public acts, records, judicial proceeding that takes place in other state
comity clause
citizens enjoying the privileges and immunities of one state should be entitled to similar treatment in other state
interstate compact clause
no state shall without the consent of congress enter into any agreement with another state
types of federalism
political, fiscal, administrative
political federalism
how far cam federal power intrude on the prerogatives of the states
fiscal federalism
national gov gets local and state gov to do what it wants by offering grants, avoiding national coercion
administrative federalism
a constitution where the central state sets quality standards for public projects, and the local jurisdictions decide which projects are to be carried ou
forms of discretionary authority
structural
functional
fiscal
personnel
structural discretionary authority
power to choose the form of government, only the state
functional discretionary authority
power to exercise local self government in a limited or broad manner