GOV Chapter 3

Bill of attainder

a legislative act finding a person guilty without trial of treason or felony and declaring him attained

Block Grant

an annual grant made by the government to a local authority to help to pay for the public services it provides, such as health, education, and housing

Categorical Grant

Grant for which Congress appropriates funds for a specific purpose

Concurrent Powers

Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.

Confederation

A political system in which a weak central government has limited authority, and the states have ultimate power.

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. Began with the New Deal.

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. The belief that having separate and equally powerful levels of gov is best.

Enumerated Powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

Ex Post Facto Law

A law that would allow a person to be punished for an action that was not against the law when it was committed

Extradition Clause

Part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial

Federal System

A government that divides the powers of government between the national government and state or provincial governments

Full Faith and Credit Clause

Clause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid

Gibbons v. Odgen

A decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution.

Implied Powers

Powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

Interstate Compacts

Contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns.

McCulloch v. Maryland

The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later ru

New Federalism

Federal-state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to state govs.

Preemption

Concept derived from supremacy clause that allows the national government to override or preempt state or local actions in areas.

Privileges and Immunities Clause

Part of Article IV guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

Reserve Powers

Powers reserved to the states by the 10th amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens.

17th Amendment

Made senators directly elected by the people; removed their selection from state legislatures.

16th Amendment

Authorized Congress to enact a national income tax.

Sovereign immunity

The right of a state to be free from a lawsuit unless it gives permission to the suit. All states are considered soveign under the 11th Amendment.

Supremecy Clause

Portion of Article IV of the Constitution mandating that national law is supreme to all other law passed by the states or by any other subdivision of government.

10th Amendment

Final part of the Bill of Rights that defines the basic principle of American federalism in stating "The powers not delegated to the US by the Constitution, or prohibited by it to the States, are reserved to the States respectively, or to the people.

Unfunded Mandates

National laws that direct state or local governments to comply with federal rules or regulations but contain little or no federal funding to defray the cost of meeting requirements (ie clean air standards)

Unitary System

System of government where the local and regional governments derive all authority from a strong national government.

Marbury v. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (th

Necessary and Proper Clause

Specific powers granted to Congress under Article 1 Section 8; these powers include taxation, coinage of money, regulation of commerce and the authority to provide for a national defense.