Gov. Ch 3 & 4

bill of attainder

a law declaring an act illegal without a judicial trial

block grant

broad grants to states fro specific activities such as secondary education or health services with few strings attached

categorical grant

grants for which congress appropriates funds for specific purposes. They allocate federal dollars by a precise formula

concurrent powers

powers shared by the national and state governments

confederation

the type of government where the national government derived all of its power from the states; a league of independent states

cooperative federalism

the relationship between the national and state governments that began with the New deal

dual federalism

the belief that having separate and equally powerful levels of government is the best arrangement.

enumerated powers

seventeen specific powers granted to Congress under Article I, section 8, of the US Constitution; these powers include taxation,coinage of money, regulation of commerce, and the authority to provide for a national defense.

ex post facto law

a law that makes an act punishable as a crime even if the action was legal at the time it was committed

extradition clause

Parts of Article IV that requires states to extradite, or return, criminals to states where thy have been convicted or are to stand trial

federal system

system of government where the national government and state governments share some powers, derive all authority from the people, and the powers of the national government are specified in the US Constitution

full faith and credit clause

ensures that judicial decrees and contracts made in one state will be binding and enforceable in another

Gibbons v. Ogden

the Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

implied powers

derived from 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 compact

contracts between states that carry the force of law

McCulloch v. Maryland (1819)

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

necessary and proper clause

the final paragraph of Article I, section 8, of the US Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause

New Federalism

Federal/state relationship proposed by Reagan administration during the 1980's; hallmark is returning administrative powers to the state governments

preemption

a concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas

privileges and immunities clause

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

reserve or police powers

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

Seventeenth Amendment

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

Sixteenth Amendment

Authorized Congress to enact a national income tax

sovereign immunity

the right of a state to be free from lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all states are considered sovereign

Supremacy clause

Portion of Article VI of the US Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government

Tenth Amendment

The final part of the Bill of Rights that defines the basic principle of American federalism in stating: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to

unfunded mandates

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

unitary system

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

one-person, one-vote

the principle that each legislative district within a state should have the same number of eligible voters so that representation is equitably based on population

state constitution

the document that describes the basic policies, procedures, and institutions of the government of a specific state, much as the US Constitution does for the federal government

political machine

an organization designed to solicit voters from certain neighborhoods or communities for a particular political party in return for service and jobs if that party wins

progressive movement

Advocated measures to destroy political machines and instead have direct participation by voters in the nomination of candidates and the establishment of public policy

governor

Chief elected executive in state government

package or general veto

the authority of a chief executive to void an entire bill that has been passed by the legislature. This veto applies to all bills, whether or not they have taxing or spending components, and the legislature may override this veto, usually with a two-third

line-item veto

the authority of a chief executive to delete part of a bill passed by the legislature that involves taxing or spending. The legislature may override a veto, usually with a two-thirds majority of each chamber

pardon

the authority of a governor to cancel someone's conviction of a crime by a court and to eliminate all sanctions and punishments and punishments resulting from the conviction.

commute

the action of a governor to cancel all or part of the sentence of someone convicted of a crime, while keeping the conviction on the record

parole

the authority of a governor to release a prisoner before his or her full sentence has been completed and to specify conditions that must be met as a part of the release

extradite

to send someone against his or her will to another state to face criminal charges

term limits

restrictions that exist in some states about how long an individual may serve in state or local elected offices

inclusion

the principle that state courts will apply federal laws when those laws directly conflict with the laws of a state

Missouri (Merit) Plan

A method of selecting judges in which a governor must appoint someone from a list provided by an independent panel. Judges are then kept in office if they get a majority of "yes" voters in general elections

direct initiative

a process in which voters can place a proposal on a ballot and enact it into law without involving the legislature or the governor

indirect initiative

a process in which the legislature places a proposal on a ballot and allows voters to enact it into law, without involving the governor or further action by the legislature

direct (popular) referendum

a process in which voters can veto a bill recently passed in the legislature by placing the issue on a ballot and expressing disapproval

advisory referendum

a process in which voters can cast nonbinding ballots on an issue or proposal

recall

a process in which voters can petition for a vote to remove office holders between elections

Dillon's Rule

a court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government

charter

a document that, like a constitution, specifies the basic policies, procedures, and institutions of a municipality

county

a geographic district created within a state with a government that has general responsibilities for land, welfare, environment, and where appropriate, rural service policies

municipality

a government with general responsibilities, such as a city, town, or village government, that is created in response to the emergence of relatively densely populated areas

special district

a local government that is responsible for a particular function, such as K-12 education, water, sewerage, or parks

district-based election

election in which candidates run for an office that represents only the voters of a specific district within the jurisdiction

at-large election

election in which candidates for office must compete throughout the jurisdiction as a whole

commission

form of local government in which several officials are elected to top positions that have both legislative and executive responsibilities

public corporation (authority)

government organization established to provide a particular service or run a particular facility that is independent of other city or state agencies and is to be operated like a business. Examples include a port authority or a mass transit system

nonpartisan election

a contest in which candidates run without formal identification or association with a political party

domestic dependent nation

a type of sovereignty that makes an Indian tribe in the US outside the authority of state governments but reliant on the federal government for the definition of tribal authority

trust relationship

the legal obligation of the US federal government to protect the interests of Indian tribes

compact

a formal, legal agreement, as that between a state and a tribe

reservation land

land designated in a treaty that is under the authority of an Indian nation and is exempt from most state laws and taxes

trust land

land owned by an Indian nation and designated by the federal Bureau of Indian Affairs as exempt from most state laws and taxes

segregated funds

money that comes in from a certain tax or fee and then is restricted to a specific use, such as a gasoline tax that is used for maintenance

progressive tax

the tax level increases with the wealth or ability of an individual or business to pay

regressive tax

the tax level increases s the wealth or ability of an individual or business to pay decreases.