federalism pt 2 Flashcards

1
Q

the meaning of federalism

A

two kinds of government working together, state govs with a national government being supreme

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2
Q

federalists do/ do not want bank

A

do

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3
Q

federalists do/ do not want bank

A

don’t

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4
Q

Enumerated powers

A

= expressed powers
powers that the constitution SPECIFICALLY says the gov has

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5
Q

examples of enumerated powers

A

1) regulate interstate and foreign commerce
2) power to tax and spend
3) war powers

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6
Q

Elastic clause is also known as :

A

necessary and proper clause

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7
Q

Dual Federalism

A

the nat and state government remain separate and has different responsibilities that don’t overlap

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8
Q

Cooperative Federalism

A

(marble cake) the responsibilities are shared by state and nat’l gov (nat takes lead) THEY WORK TOGETHER.

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9
Q

what is the elastic clause mean?

A

If it is necessary (according to congress) and proper according to the constitution GOV HAS POWERS TO CARRY OUT ENUMERATED POWERS BY DOING THINGS THAT ARE IMPLIED allows for things that the framers did not anticipate.

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10
Q

Implied powers

A

powers that are not specifically said but are implied.

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11
Q

Delegated powers aka

A

enumerated powers

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12
Q

concurrent powers

A

powers shared by state and gov
ex: taxation, public welfare, criminal justice, borrow $ build roads

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13
Q

reserved powers

A

powers reserved for the states
Ex: establish local gov, public schools, regulate trade within states
conduct elections, public safety

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14
Q

Fiscal Federalism

A

System of spending, taxing, and giving grants in the federal system

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15
Q

Bill of attainder

A

law declaring that an act someone did is illegal without a trial or hearing
- often used by kings like king henry

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16
Q

Ex post facto laws

A

a law that makes an act punishable even if an act was committed before the act was committed (DENIED TO GOV)

17
Q

Full faith and credit clause

A

all decrees made in one state are applicable in another (ex: marriage, custody of children)

18
Q

Extradition clause

A

accused must be transported to a state where they are accused.

19
Q

Privileges and immunities

A

Citizens in each state have the same rights in all the states (can’t treat citizens unequally)

20
Q

Interstate compacts

A

Federal government moderates and creates compacts between states (ex: building a metro between states)

21
Q

Grants -in-aid

A

money paid from one level of the government to another to be spent for broad or specific purposes

22
Q

Categorial grants

A

Federal money given to states made for a specific purpose.
ex: federal funding spent to build interstate highways
Mnemonic: CATS specific purpose is to hunt mice

23
Q

Block grants

A

federal money given for a broadly defined purpose rather than super specific and detailed ones
ex: grants given to states for homeland security
Mnemonic : big BLOCK of money

24
Q

Unfunded mandate

A

Federal regiment that forces state and local governments to provide services without providing resources for these services
mnemonic; un FUN (no$)

25
Q

Devolution

A

transferring responsibilities governing from the fed back to the states and local govs

26
Q

deregulation

A

removing rules and regulations usually from economic sectors or industry

27
Q

Advantages of federalism

A
  • experimentation
  • prevents factional control : division of power between states and gov make it hard for one faction to take control
    Participation: state govs are closer to people, allow for greater citizen input
28
Q

Disadvantages of federalism

A
  • inequality: states differ in the amount of resources that they get
    too much power to minorities: majority rule can be thwarted by uncooperative states or local government
    confusing: too much government overlap
    no accountability: when problems occur and solutions are inadequate it’s unclear who deserve the blame
29
Q

Gibbons V. Ogden

A
  • the commerce clause
    the one about the boats and the new york bay
  • expanded Marshall’s broad interpretation of “commerce” allowed congress to promote economic growth via roads, canals, railroads etc.\

Gibby the commerce

30
Q

Marbury V. Madison

A

the one about the president throwing out the supreme court justice’s job paper
Significance: creates power of judicial review

31
Q

McCulloch v. Maryland

A

the one about banks
- confirmed congress’s right to use implied powers to carry out express powers
- validated supremacy of gov overstates.
Mnemonic: Maryland sucks feds are supreme