Unit 1B Flashcards

1
Q

Separation of Powers

A

a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate

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2
Q

Checks and Balances

A

provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful

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3
Q

Bicameralism

A

the practice of having two legislative or parliamentary chambers

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4
Q

Federalist 51

A

addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government

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5
Q

Article V Amendment Process

A

Article V says that “on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification

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6
Q

Expressed Powers

A

the powers of the national government explicitly listed in the Constitution

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7
Q

Concurrent Powers

A

powers that are shared by both the federal government and state governments

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8
Q

Reserved Powers

A

powers that are not specifically granted to the federal government by the Constitution

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9
Q

Implied Powers

A

powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to execute the powers

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10
Q

Necessary and Proper Clause

A

congressional power encompasses all implied and incidental powers that are conducive to the beneficial exercise of an enumerated power

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11
Q

10th Amendment

A

says that the Federal Government only has those powers delegated in the Constitution

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12
Q

Supremacy Clause

A

establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions

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13
Q

Commerce Clause

A

gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce

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14
Q

McCulloch v. Maryland

A

the court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy”

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15
Q

U.S. v. Lopez

A

Lopez, 514 U.S. 549 (1995) Gun possession is not an economic activity that has any impact on interstate commerce, whether direct or indirect, so the federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause

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16
Q

Fiscal Federalism

A

operates through the various federal taxes, grants, and transfers that occur in addition to states and localities

17
Q

Categorical Grants

A

money given to state and local governments for programs and projects with specific limitations on how that money is to be spent

18
Q

Block Grants

A

federal funds earmarked for specific state or local programs

19
Q

Revenue Sharing

A

a government unit’s apportioning of part of its tax income to other units of government

20
Q

Unfunded Mandates

A

a statute or regulation that requires a state or local government to perform certain actions, yet provides no money for fulfilling the requirements

21
Q

Devolution

A

the transfer of power from a central government to subnational (e.g., state, regional, or local) authorities

22
Q

Cooperative Federalism

A

also known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs

23
Q

Dual Federalism

A

also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government