Chapter 3

Supremacy Clause

The clause in United States Constitution's Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the "supreme law of the land

Elastic Clause

a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

implied powers

comes from elastic clause in 14th amendment. A power needed to carry out an expressed power

enumerated powers

powers listed or expressly stated in the constitution

concurrent powers

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

delegated powers

Powers listed in the Constitution given to the governments.

Commerce Clause

Congress can regulate commerce with foreign nations, among the several states.

10th Amendment

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 the people

14th Amendment

1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts

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.

privileges and immunities clause

guarantees that citizens of all states are afforded the same rights

layer cake federalism

used to describe dual federalism because the powers and policy assignments of the layers of government are distinct (as in a layer cake), and proponents of dual federalism believe that the powers of the national government should be interpreted narrowly

cooperative federalism

in which the national and state governments share responsibility for public policies.

fiscal federalism

the pattern of spending, taxing, and providing grants in the federal system.

marble cake federalism

American federalism is portrayed as a system with mingled responsibilities and blurred distinctions between the levels of government.

carrot and stick policies

an idiom that refers to a policy of offering a combination of rewards and punishment to induce behavior. It is named in reference to a cart driver dangling a carrot in front of a mule and holding a stick behind it.

grants in aid

are the main instrument the national government uses to both aid and influence states and localities

block grants

These are broad state grants to states for prescribed activities�welfare, child care, education, social services, preventive health care, and health services�with only a few strings attached.

categorical grants

can be used only for specific purposes (or categories) of state and local spending.

revenue sharing

federal sharing of a fixed percentage of its revenue with the states

formula grants

are distributed according to a formula based on factors such as population, per capital income, and percentage of rural population.

Mandates

requirements that direct state or local government to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant

unfunded mandates

mandates (state has to enforce) that come with no federal money

nullification

the right of a state to declare void a federal law

McCulloch v. Maryland

(1819) the first major decision on federalism. the court ruled that the constitution denied states the ability to tax the federal government. the court's broad interpretation of the *
necessary and proper clause
* paved the way for later rulings upholding

Gibbons v. Ogden

(1824) the court upheld the federal gov't ability to regulate commerce. the Supreme Court defined the **
commerce clause
** very broadly paving the way for later rulings upholding expansive federal powers

federalism

System of government in which the national government and state governments share power and derive all authority from the people

Coin money, conduct foreign relations, provide for an army/navy, declare war

List 4 powers solely given to the national government under the Constitution.

Tax, borrow money, establish courts, make and enforce laws, spend money for the general welfare

What are 5 concurrent powers of both the national and state government?

Bill of attainder

a law declaring an act illegal without a judicial trial

Ex Post Facto Law

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

extradition clause

requires states to return criminals to states where they have been convicted or are to stand trial

STRENGTHEN FED GOV, NECESSARY+PROPER AND SUPREMACY. Allowed the state to tax a federal bank

What did McColloch vs. Maryland do in terms of the relationship between the federal and state government?

the federal government holds more power than state governments regarding the issue of interstate commerce.

What was the impact of Gibbons vs. Ogden?

16th amendment

authorized congress to enact a national income tax. This enhanced the power of the federal government and gave them ability to enter policy areas in which it formerly had few funds to spend. Disrupted balance of dual federalism in favor of national govern

17th amendment

made senators directly elected by the people, removing their selection from state legislatures. This enhanced the powers of national government and States lost their principal protectors in congress. Disrupted balance of dual federalism in favor of nation

The Dred Scott case favored that states strengthen their power, while narrowing the scope of the federal power. Taney's Court suspected that the power of the 2 sections of dual federalism would struggle to stay in balance. The Dred Scott case did not stre

How did the Dred Scott case demonstrate the Taney's court suspicion of federal power?

It forced all levels of government to work together, and local governments were embraced as equal partners and were finally included in the "national political arena.

How did the New Deal impact federalism?

They declared various aspects of the New Deal unconstitutional because they viewed the economy as a state problem. and WENT BEYOND POWER TO REGULATE COMMERCE

Explain the Supreme Court's laissez-faire attitude towards the New Deal

Categorical grants are specific and contain conditions whereas block grants are very broad and give the state governments more freedom with the funds.

Describe the difference between categorical grants and block grants.

Federal-state relationship proposed by Reagan Administration during the 1980s; hallmark is returning administrative powers to the state governments. Bill Clinton supported it

What is New Federalism? Which Presidents promoted it?

They were returning power to the states.

What was the common theme with the Unfunded Mandates Reform Act and TANF (temporary assist for needy families)?

a. McDonald vs. Chicago
b. District of Columbia vs. Heller
c. US vs. Lopez

Give 3 examples of how the SC Court has recently (since 1989) ruled in favor of more state/local control?

Federalism -System of government in which the national government and state governments share power and derive all authority from the people.
Unitary- System of government in which the local and regional governments derive all authority from a strong nati

Compare and Contrast: Federalism, Unitary, Confederation

confederation

system in which all governments derive power from the states

unitary government

government where all power comes from the national government

full faith and credit clause

assures that judicial actions and contracts made in one state will be binding in another state