Federalism Flashcards

0
Q

“Full faith and credit”

A

-states have to respect the public acts, records, and judicial proceedings of every other state.

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1
Q

Federalism

A

-a political system in which ultimate authority is shared (divided in reality) between a central government and state or regional government.

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2
Q

“Privileges and immunities”

A

-a state may not discriminate against citizens from another state.

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3
Q

Necessary and proper clause

A

-(art.1, sec.8) authorizes congess to pass all laws “necessary and proper” to carry out the enumerated (listed) powers. (Implied)

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4
Q

Nullification

A

-states had the right to “nullify” (declare null and void) a federal law that, in the states’ opinion, violated the constitution.
(no longer exist; ended in the civil war)

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5
Q

Dual Federalism

A

-national (federal) government and state government each have defined areas of authority.
(died in the 1930’s, during the Great Depression)

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6
Q

Sovereignty

A

-supreme or ultimate political authority; legally and politically independent of any other government.

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7
Q

Devolution

A

-the transfer of power to a lower level (federal to state).

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8
Q

Police power

A

-the power of the states to promote health, safety, and morals. (10th amendment)

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9
Q

Initiative (petition)

A
  • a procedure allowing voters to submit a proposed law to a popular vote by obtaining a required number of signatures. (issue a ballot)
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10
Q

Referendum

A

-the practice of submitting a law to a popular vote at election time (vote yes or no); voter’s initiative ( a petition) or legislature.

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11
Q

Recall

A

-procedure whereby the voters can vote to remove an elected official from office. (not in all states)

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12
Q

Commerce

A

-trade and money

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13
Q

Block grants

A

-federal grants that a state can allocate (distribute) to a wide range of services.
(most favored b/c the state can spend the money on whatever they like)

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14
Q

Categorical grants

A

-federal grants which are spent for specific purposes; would be given along with guidelines and extensive restrictions.

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15
Q

Grant-in-aid

A

-federal grants to subsidize a public project

16
Q

Conditions of aid

A

-terms set by the national government that states must meet if they are to receive certain federal funds.

17
Q

Mandates

A

-terms set by the national government that states must meet whether or not they accept the federal grant. (Least favored)

18
Q

Doctrine of Preemption

A

-once the federal government takes a field, states must comply; states may exceed federal standards but not fall below it.

19
Q

Delegated powers

A

-Article 1-Article 5; enumerated (listed) powers specifically given to the national government.

20
Q

Implied powers

A

-“necessary and proper” clause, elastic clause (synonyms); must be affiliated with an enumerated power.

21
Q

Concurrent powers

A

-powers such as the right to tax, borrow money, establish courts, and make and enforce laws exist in both federal and state government.

22
Q

Reserved power

A

-powers belonging to the state (same as police power, 10th amendment, and article 4).

23
Q

Prohibited power

A

-powers that are denied to the national and state government. (article 9 & 10).

24
Q

McCulloch vs. Maryland

A

-established that the federal government possesses broad powers to pass a number of types of laws, and that the states cannot interfere with any federal agency by imposing a direct tax upon it.

25
Q

U.S. vs. Morrison

A

-attacks against women are not, and do not substantially affect interstate commerce, and the Congress cannot constitutionally pass such law.

26
Q

U.S. vs. Lopez

A

-Congress had exceeded its commerce clause power by prohibiting guns in school.

27
Q

Printz vs. U.S.

A

-the court invalidated a federal law that required local police to conduct background checks on gun purchases.

28
Q

Gibbons vs. Obden

A

-the supreme court ruled that only federal government can regulate interstate commerce; states may not issue licenses that affects interstate commerce.

29
Q

Webster vs. Reproductive health services

A

-law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions. (happened in Missouri in 1989)

30
Q

Casey vs. Planned parenthood

A

-the constitutionality of several Pennsylvania state regulations regarding abortion were challenged; the court upheld the constitutional right to have an abortion.

31
Q

Dred Scott vs. Sandford

A

-african americans could not be american citizens and therefore had no standing to sue the federal court; and the federal government had no power to regulate slavery.

32
Q

Article 1, Section 8

A
  • lay and collect taxes
  • provide for the national defense and make regulations for the military
  • regulate commerce
  • coin money
  • declare war
  • establish post office
  • issue copy rights and patents