Unit One (Start) Flashcards
Independant while cooperating with each other
Confederal Government
One central government
Unitary Government
Dual sovereignty (each government rules different things)
Federal Government
Delegated/Enumerated Powers
federal government powers
powers kept for the states
Reserved Powers
powers held by states and federal government
Concurrent Powers
powers implied in the Constitution
Implied Powers
Constitution has supremacy (greater importance) over state laws
Supremacy Clause
What did McCulloch v Maryland establish?
Elastic Clause and Supremacy Clause
Justifies a broad understanding of implied powers.
Elastic Clause
Congress chartered a bank, then Maryland started taxing notes issued to that bank. McCulloch refused to pay. People questioned if Maryland could do that. Court decided that Congress could make a bank, but Maryland couldn’t tax that bank. What court case is this?
McCulloch v Maryland
Types of Vertical Federalism (state v government)
Dual Federalism and Cooperative Federalism
clear difference between state and national powers
Dual Federalism
responsibilities of national and state powers were mixed and mingled
Cooperative Federalism
government can regulate trade and transportation of goods
Commerce Clause
states can’t discriminate against people from other states
Comity/Privileges and Immunities Clause
requires states to comply with and uphold judicial decisions, public acts, etc. of other states
Full Faith and Credit Clause
criminals caught in one state that did the crime in another state need to be brought back to the state they did the crime
Extradition
allyship between states when traveling between borders.
Interstate Compacts
Types of Horizontal Federalism (state v state) (5)
Interstate Compacts, Extradition, Full Faith and Credit Clause, Comity/Privileges and Immunities Clause, and Commerce Clause
It limited states. Everyone born in US are US citizens; no state shall shorten privileges of US citizens; no state can deprive any life, liberty, or property without due process of law; everyone has equal protection of the laws
14th Amendment
All powers not stated in the Constitution or Bill of Rights is reserved for the states
10th Amendment
Gave a bunch of rights and power to the states
New Federalism (Devolution)
Lopez brought a gun to his school, and law states guns aren’t allowed near schools. Lopez’s lawyer said the law was unconstitutional, while the opposing side said it is constitutional because of the Commerce Clause. Court sided with Lopez. What court case is this?
US v Lopez
A woman got raped so she brought it to court. There is a law of woman protection that the opposing lawyers called unconstitutional under commerce clause. Court agreed with the woman who sued.
US v Morrison
money from federal government to state and local governments for a specific purpose
Categorial Grant
grant of money for a less specific purpose (preferred by states)
Block Grant
clauses in national law that are required for states to do
Mandate
Mandates can be ________
funded and unfunded
Rehabilitation Act of 1973
buildings are required to have ramps for handy caped people
Congress let a steamboat ride a river on the New York route, and the steamboat interfered with another boat from New York. Commerce clause let Congress sent that steamboat. What court case is this?
Gibbons v Ogs
