Quiz 2/7 Flashcards
Federalism
The system of government outlined in the Constitution in which power is divided between national and state government
Dual Federalism
A constitutional theory that the national governments each have defined areas of authority, especially over commerce
Cooperative Federalism
A term used to characterize the relationship between the national and state governments that began with the new deal and emphasized a “working together” between national and state gov
Enumerated Powers
Specific powers granted to the three federal branches of government in the constitution (ex article I section 8 articulates the powers of congress)
Supremacy clause
National law is supreme to all other laws or by other subdivisions of government
Block grant
A broad grant with few strings attached given to the states by the federal government to specified activities (secondary education or health services)
Categorical Grants
A grant for which congress appropriates funds for a specific purpose (making welfare payments to low income mothers) typically requires states to put up or match some part of grant
Formula Grant
A type of categorical grant under which funds are allocated according to factors specified in the legislation or administrative regulations
Grant in Aid
Federal funds provided to states and localities, typically provided for things like airports, education or major welfare service
Revenue sharing
Distribution of a fixed amount of federal tax revenue to states for almost any purpose (ended in 1986)
Mandate
Rules imposed on the states by federal government in order to obtain federal grants (rules require states to pay for costs for nationally defined programs
Elastic Clause (Necessary and Proper)
Constitutional clause that allows congress to pass legislation needed to carry out its powers, expressed and implied in constitution
Nullification
Theory used by states to void and null federal law that in states opinion violates the constitution
Expressed powers
Powers specifically stated in the Constitution
Implied powers
Powers derived from the expressed (enumerated powers) and the necessary & proper clause. Not stated but implied
Inherent power
Powers not expressly states but necessary for a government to ensure sovereignty
(Ex: power to expand the nation’s territory)
Concurrent Powers
Powers shared by the national and state governments
Full faith and credit clause
Article IV Section 1
Requires states to legally recognize official acts of other states
Ex: marriage divorce or adoption laws
Privileges and Immunities clause
Article IV Section 2
Requiring out of state citizens to have the same fundamental rights and privileges as local residents
Tenth Amendment
Embodies the principle of federalism
It reserved for the states, powers not granted or prohibited to the federal government
Commerce Clause
Part of Article I Section 8
Allows Congress to control trade with foreign countries and among the states
Most litigated component of the constitution regarding anything affecting interstate commerce
Devolution
The current effort to scale back the size and activities of national government and shift responsibility to the states
Usually involve social welfare programs
Preemption
The concept derived from the supremacy clause which allows the national government to override or preempt state or local actions in certain areas
Bill of Attainer
A law that declares a person to be guilty of a crime without trial
Such acts are expressly prohibited by the Constitution
Ex post Facto Law
A Latin term meaning after the fact
A law that makes criminal, an act, that was legal when committed
Expressly prohibited by Article I
