Unit 3 Flashcards
Federal System
National gov’t and states derive authority from the people.
Unitary System
Local and regional gov’t derive authority from national gov’t.
Confederate System
National gov’t derives authority from states.
Enumerated powers (article and definition)
Article 1 section 8; Powers that are given to the national gov’t in the constitution.
Examples of enumerated powers
-Coining $$
-Foreign relations
-Provide for army/navy
-Declare war
Nessesary and Proper Clause (article and definition)
Article 1 section 8; National gov’t can enact “nessesary and proper” laws for exersizing enumerated powers. (implied powers)
Implied powers
Not stated powers of the national gov’t that are not stated in constitution.
How did the framers prevent financial problems?
The framers created a strong national gov’t who has the power to raise revenue (taxes) to prevent financial wars between states.
Supremacy Clause (article and definition)
Article VI; the national government is always supreme over the states when in the situation of conflict
What supreme court case strengthens and identifies the idea of the Supremacy Clause?
McCulloch vs. Maryland
What are the STATE powers?
-two senators
-create the mannor and run elections
-have electors
-represents citizens
-ratify amendments
-exert reserved powers
-establish local gov’t
Reserved powers
Any power not given to national gov’t is given to the states.
What amendment is reserved powers?
10th amendment
What are the NATIONAL powers?
-collect duties
-regulate commerce
-coin $$$
-rules nationalzation
-post office
-declare war
-provide for navy/army
-make implied powers
Concurrent powers
Powers shared by both the national and state gov’t.
What are the CONCURRENT powers?
-tax
-barrow $$
-establish courts
-make/enforce laws
-charter banks
-spend $ for general welfare
Bill of Attainder
A law declaring act illigal without a judical trial.
Ex post-fact law
Making an act punishable as a crime even if action was legal at the time it was commited.
What are the BANNED powers?
-favoring states
-laying duties on certian states
-no granting noblity
-gov’t workers cannot accept salaries of gifts from foreign heads of state.
Full Faith and Credit Clause (article and definition)
Article IV; judical decrees made in 1 state will be binding/enforcable in any other state.
Privlege and Immunity Clause (article and definition)
Artcile IV; citizens in each state are given same rights.
Extradition Clause (article and definition)
Acrticle IV; requires state to extradite or return criminal to state where they have been convicted ar are to stand trial.
Soveirgnty
The power and authority to rule.
Dillions Rule
Local gov’t does not inheret soveirgty and are authorized by state gov’t.
Charter
What local gov’t needs to create basic policy and be approved by state.
What do counties do?
Support welfare, local courts, document births and deaths, etc.
Municipality
City gov’t for populated areas.
Special District
Local gov’t units restricted to particular functions
Ex.) sewage, parks, school districts
Dual Federalism
-National gov’t rules by enumerated powers only
-National gov’t has a limited set of constitutional purposes-> everything else is a state power
What has soveirgnty in a state?
The state gov’t has soveireignty with-in it state boarders.
What has soveirgnty in the USA?
The national gov’t
Main idea of Dual Federalism
Both the state and national government are seperate, and will never cross (layer cake)
Cooperative Federalism
National and state agencies undertake government functions jointly rather than exclusivly (marble cake)
Commerce Clause
A power can become a national power if it involves state commerce (McCollach vs. Maryland)
Fiscal Federalism
How the federal gov’t uses $$$
Grants-In-Aid
$ provided by on elevel to another to be spent for a given purpose
National $$$ —> States
2 types of Grants-In-Aid
Categorical Grants and Block Grants
what is the relationship give in the constituition for the states?
Full Faith and Credit Clause, must be faithful and respect eachother.
Devalution
returning power to the states.
Preemption
A concept that allows the national gov’t to override state or local actions in certian policy areas.
Catagorical Grants (two types)
Formula Grant- rules define who gets $$ ($$-> states than states promise a goal)
Project Grant- awarded through selection process who gets $$ (states meet promise -> then awarded $$)
Block Grant
Less requiremnets and awarded for general purpose.
Supreme Courts role for fed and state gov
solves disputes and uses judical power to interpret the constituion.
Programmatic Request
Federal Funds for special projects within a state or congressional district.
Impact of unfunded mandates
It derives some power back to the states. It allows states to have their own soveirgty.
New Federalism
During the Reagan administration, block granst were giving to the states with little guidelines so the states came up with the guidelines.
Progressive Federalism
Federal Government in the Obama Administration who created federal guidelines and teh states chose to adopt them.
Clean Water and Air Act
The Clean Air & Water Act establishes a basic structure to regulate pollution in water and the air.
Americans with Disabilities Act
ADA is an act that protects people who live with a disability in the United States. It includes employment, transportation, accommodations, etc.
No Child Left Behind
NCLB is a federal act that ensures equal achievement in all schools across the USA by making overall standards and ways to measure success in schools.
Welfare Reform Act
The WRA of 1996 is a law that helps citizens of the USA that helps citizens that receive government assistance help with finding jobs and becoming independent and encourages them to take responsibility for their own lives.
Affordable Care Act
The ACA or ObamaCare Act made a goal to increase access to healthcare and improve the quality of healthcare in the USA. Secondly, it worked to make healthcare accessible by lower costs.
