UNIT 2 - FEDERALISM Flashcards
unitary
all power resides on the central government
confederation
the national government is weak, and most of all of the power is in the hands of the country’s components (states)
federalism
two or more levels of government have formal authority over the same land and people
PLEJSASR- P
preamble- intro/purpose
PLEJSASR- L
(1) Legislative- makes laws
Longest article
Article 1 Section 8- powers
PLEJSASR- E
(2)- Executive- carry out laws
PLEJSASR- J
(3) Judicial- Interprets the law
PLEJSASR- first S
(4) State relations
Full faith and credit
PLEJSASR- A
(5) Amendment process
PLEJSASR- second S
(6) Supremacy of constitution
PLEJSASR- R
(7) Ratification process- 9/13th vote
full faith and credit
each state must recognize the public acts, records, and judicial proceedings of all other states
extradition
a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed
privileges and immunities
the provision of he constitution according citizens of each state the privileges of citizens of other states
supremacy clause
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
popular sovereignty
the people establish government and give it its power; government can only govern with the people’s consent
limited government
government has as much authority as the people give it; no government official or government is above the law
separation of powers
constitution assigns specific powers to each of the 3 branches to prevent misuse of power by one branch of government
checks and balances
each branch of government has the built in authority and responsibility to restrain the power of the other two branches
judicial review
federal courts have the power to review government acts and to nullify, or cancel, any that are unconstitutional or violate the constitution
republicanism
a form of government in which the people select representatives to govern them and make laws
dual federalism
both the states and the federal government remain supreme within their own spheres, each responsible for some policies
cooperative federalism
powers and policy assignments are shared between states and federal government
devolution
transferring responsibility for policies from the federal government to state and local governments
fiscal federalism
the pattern of spending, taxing, and providing grants in the federal system; cornerstone of the national government’s relationship with state and local governments
grants-in-aid
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
block grant
federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
categorical grants
federal grants that can be used for specific purposes only; they come with strings attached, such as nondiscrimination and construction project wages
formula grant
distributed according to a formula specified in legislation or in administrative regulations
project grants
given for specific purposes and awarded on the basis of the merits of application; competitive
funded mandate
order from the federal government to the states that is partially funded by the US government
ex: medicaid
unfunded mandate
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
amendment process
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
expressed/enumerated powers
stated in the constitution for the national government
ex: regulate commerce, declare war, negotiate treaties, issue money, maintain a military
implied powers (elastic clause)
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
reserved powers (tenth amendment)
“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
concurrent powers
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
denied powers
neither the states nor the federal government have these rights
ex: ex post facto, habeas corpus, bills of attainder
ex post facto
prevents the government from punishing someone who did something that wasn’t a crime when committed
habeas corpus
prevents unjust imprisonment; the officer brings the prisoner before a court and proves why they shouldn’t be released
bills of attainder
legislative act that inflicts punishment without a trial
interstate/intrastate commerce (gibbons v. ogden)
1824- interpreted the elastic clause as giving congress the right to regulate commerce, which encompasses virtually all economic activities
revenue sharing (1986)
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
