federalism pt 2 Flashcards
the meaning of federalism
two kinds of government working together, state govs with a national government being supreme
federalists do/ do not want bank
do
federalists do/ do not want bank
don’t
Enumerated powers
= expressed powers
powers that the constitution SPECIFICALLY says the gov has
examples of enumerated powers
1) regulate interstate and foreign commerce
2) power to tax and spend
3) war powers
Elastic clause is also known as :
necessary and proper clause
Dual Federalism
the nat and state government remain separate and has different responsibilities that don’t overlap
Cooperative Federalism
(marble cake) the responsibilities are shared by state and nat’l gov (nat takes lead) THEY WORK TOGETHER.
what is the elastic clause mean?
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.
Implied powers
powers that are not specifically said but are implied.
Delegated powers aka
enumerated powers
concurrent powers
powers shared by state and gov
ex: taxation, public welfare, criminal justice, borrow $ build roads
reserved powers
powers reserved for the states
Ex: establish local gov, public schools, regulate trade within states
conduct elections, public safety
Fiscal Federalism
System of spending, taxing, and giving grants in the federal system
Bill of attainder
law declaring that an act someone did is illegal without a trial or hearing
- often used by kings like king henry
Ex post facto laws
a law that makes an act punishable even if an act was committed before the act was committed (DENIED TO GOV)
Full faith and credit clause
all decrees made in one state are applicable in another (ex: marriage, custody of children)
Extradition clause
accused must be transported to a state where they are accused.
Privileges and immunities
Citizens in each state have the same rights in all the states (can’t treat citizens unequally)
Interstate compacts
Federal government moderates and creates compacts between states (ex: building a metro between states)
Grants -in-aid
money paid from one level of the government to another to be spent for broad or specific purposes
Categorial grants
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
Block grants
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
Unfunded mandate
Federal regiment that forces state and local governments to provide services without providing resources for these services
mnemonic; un FUN (no$)
Devolution
transferring responsibilities governing from the fed back to the states and local govs
deregulation
removing rules and regulations usually from economic sectors or industry
Advantages of federalism
- 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
Disadvantages of federalism
- 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
Gibbons V. Ogden
- 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
Marbury V. Madison
the one about the president throwing out the supreme court justice’s job paper
Significance: creates power of judicial review
McCulloch v. Maryland
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
