UNIT 2 - FEDERALISM Flashcards

1
Q

unitary

A

all power resides on the central government

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2
Q

confederation

A

the national government is weak, and most of all of the power is in the hands of the country’s components (states)

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3
Q

federalism

A

two or more levels of government have formal authority over the same land and people

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4
Q

PLEJSASR- P

A

preamble- intro/purpose

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5
Q

PLEJSASR- L

A

(1) Legislative- makes laws
Longest article
Article 1 Section 8- powers

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6
Q

PLEJSASR- E

A

(2)- Executive- carry out laws

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7
Q

PLEJSASR- J

A

(3) Judicial- Interprets the law

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8
Q

PLEJSASR- first S

A

(4) State relations

Full faith and credit

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9
Q

PLEJSASR- A

A

(5) Amendment process

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10
Q

PLEJSASR- second S

A

(6) Supremacy of constitution

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11
Q

PLEJSASR- R

A

(7) Ratification process- 9/13th vote

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12
Q

full faith and credit

A

each state must recognize the public acts, records, and judicial proceedings of all other states

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13
Q

extradition

A

a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed

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14
Q

privileges and immunities

A

the provision of he constitution according citizens of each state the privileges of citizens of other states

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15
Q

supremacy clause

A

article 6, makes the constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits

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16
Q

popular sovereignty

A

the people establish government and give it its power; government can only govern with the people’s consent

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17
Q

limited government

A

government has as much authority as the people give it; no government official or government is above the law

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18
Q

separation of powers

A

constitution assigns specific powers to each of the 3 branches to prevent misuse of power by one branch of government

19
Q

checks and balances

A

each branch of government has the built in authority and responsibility to restrain the power of the other two branches

20
Q

judicial review

A

federal courts have the power to review government acts and to nullify, or cancel, any that are unconstitutional or violate the constitution

21
Q

republicanism

A

a form of government in which the people select representatives to govern them and make laws

22
Q

dual federalism

A

both the states and the federal government remain supreme within their own spheres, each responsible for some policies

23
Q

cooperative federalism

A

powers and policy assignments are shared between states and federal government

24
Q

devolution

A

transferring responsibility for policies from the federal government to state and local governments

25
Q

fiscal federalism

A

the pattern of spending, taxing, and providing grants in the federal system; cornerstone of the national government’s relationship with state and local governments

26
Q

grants-in-aid

A

sends revenues from federal taxes to state and local governments. transfers the burden of paying for services from those who pay state and local taxes, such as sales and property tax, to those who pay national taxes, especially income tax

27
Q

block grant

A

federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

28
Q

categorical grants

A

federal grants that can be used for specific purposes only; they come with strings attached, such as nondiscrimination and construction project wages

29
Q

formula grant

A

distributed according to a formula specified in legislation or in administrative regulations

30
Q

project grants

A

given for specific purposes and awarded on the basis of the merits of application; competitive

31
Q

funded mandate

A

order from the federal government to the states that is partially funded by the US government

ex: medicaid

32
Q

unfunded mandate

A

an order from the federal government to the states that does not offer money for its carrying out

1990 Americans with Disabilities Act- every state in every public place must have facilities with handicap access

33
Q

amendment process

A

National: US congress propose (2/3) OR National Convention Propose

State: State congress ratify OR State convention ratify

ANY COMBINATION OF A NAT. AND STATE LEVEL

34
Q

expressed/enumerated powers

A

stated in the constitution for the national government

ex: regulate commerce, declare war, negotiate treaties, issue money, maintain a military

35
Q

implied powers (elastic clause)

A

powers that go beyond those stated directly; congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in article 1 (elastic clause article 1 section 8)

mccullough v. maryland- established implied powers and the supremacy of the national government over the states

36
Q

reserved powers (tenth amendment)

A

“powers not delegated to the US by the constitution, nor prohibited by the states, are reserved to the states respectively, or to the people”

ex: education, licenses, safety

37
Q

concurrent powers

A

both the federal and the state reside over these rights

ex:
income tax- federal
property tax- local
sales tax- state

eminent domain- the right of the government to expropriate private property for public use, with compensation

38
Q

denied powers

A

neither the states nor the federal government have these rights

ex: ex post facto, habeas corpus, bills of attainder

39
Q

ex post facto

A

prevents the government from punishing someone who did something that wasn’t a crime when committed

40
Q

habeas corpus

A

prevents unjust imprisonment; the officer brings the prisoner before a court and proves why they shouldn’t be released

41
Q

bills of attainder

A

legislative act that inflicts punishment without a trial

42
Q

interstate/intrastate commerce (gibbons v. ogden)

A

1824- interpreted the elastic clause as giving congress the right to regulate commerce, which encompasses virtually all economic activities

43
Q

revenue sharing (1986)

A

money collected in federal taxes was given to state and local governments. the federal government imposed few restrictions on how this could be used, and communities received direct federal aid

created by walter heller, under nixon