Unit 3 Flashcards
Enumerated powers
Powers of the federal government that are specifically addressed in the constitution. For congress these powers are listed in article 1, section 8, and include the power to coin money, regulate its value, and impose taxes
Full faith and credit
A clause in article IV, section I, of the constitution requiring each state to recognize the official documents and civil judgements rendered by the courts of other states
Example: married in one state but marriage is not legal in only one state, but every state.
Implies powers
Powers of the federal government that go beyond those enumerated in the constitution. The constitution states that congress has the power to “make all laws necessary and proper for carrying into execution”
Elastic clause
The final paragraph of article section 8, which authorizes congress to pass all laws “necessary and proper” to carry our all of these powers. Example is regulation of food and drugs, building interstate highways, protect consumers, and clean up dirty air and water.(implied powers of congress)
Extradition
Alleged criminal caught in one state is surrendered to the state in which he commited the crime
Fiscal federalism
the pattern of spending, taxing, and providing grants in the federal system. Conerstone of the national govts realation with state and local govts
Categorical grants
Main source of federal aid to state and local governments. Can be used only for one of several hundred specific purposes, or categories, of state and local spending. Comes with strings attached, such as nondiscrimination provisions (stating that aid may not be used for purposes that discriminate against minors)
Project grant
Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications. Example is the national science grant
Formula grant
Grants distributed according to formula specified in legislation or in administrative regulations. Determines how much money a money a particular govt will receive. Example : sewage treatment.
Block grant
Federal aid. Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Example: welfare.
Mandate
Requirements that direct states or local governments to comply with federal rules under threat of penalties or as a condition of reciept of a federal grant
Privileges and immunities
A clause in article IV sect. 2,p of constitution that citizens should be treated the same when visiting another state.
Dual fed
National govt responsible for some policies, the state has their own. Example: nat govt has exclusive contrl of foreign and military policy.
Coop fed
Power and policies are shared. Example: in 2001 nat govt asked state govt to investigate suspected terrorist , both dealt with the threat.
Gibbon vs. ogden
A landmark case decided in 1824 in which the supreme court interpreted very broadly the clause opin article I section 8, the constitution giving congress the power to regulate interstate commerce, encompassing virtually every form kf commercial activity.