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AP GOV Chapter 3
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Terms in this set (49)
10th Amendment
the federal government has only those powers specifically granted by the Constitution. The rest are for the states and the people
16th Amendment
Congress has the power to collect income tax. Used to raise money for World War One.
17th Amendment
Established direct election of United States Senators by popular vote
Article IV
outlines the relationship between each state and the others, as well as between the several States and the federal government. Contains the Full Faith and Credit clause, obligations of states, rules for new states and federal property, and the obligations of the united states
Bill of attainder
an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial
Block Grants
a large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent
Brown v. Board of Education
"Separate but equal" facilities for nonwhites were deemed unconstitutional. Overthrew Plessy v. Ferguson
Categorical Grants
grants, issued by the United States Congress, which may be spent only for narrowly defined purposes
Commerce Clause
the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
Competitive Federalism
the powerful harnessing of our tri-partite sovereignty system that allows states to compete with each other over a broad range of issues to provide citizens with the best value goods and services at the lowest cost.
Concurrent Powers
powers in nations with a federal system of government that are shared by both the State and the federal government
Confederation
union of political units for common action in relation to other units
"Contract with America"
A comprehensive list of promises the Republicans made to the American people, should they be granted a majority in the House of Representatives during the 1994 election.
Cooperative Federalism
concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems
Delegated Powers
the powers of Congress established in section eight of Article I of the US Constitution.
"Devolution Revolution"
a movement started by Reagan in the 1980s that involves the gradual return of power to the state
Dred Scott v. Sandford
all blacks -- slaves as well as free -- were not and could never become citizens of the United States. The court also declared the 1820 Missouri Compromise unconstitutional, thus permiting slavery in all of the country's territories.
Dual Federalism
a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. This is in contrast to cooperative federalism. also known as "layer cake" feminism
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.
Enumerated Powers
a list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authoritative capacity of Congress. Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of Rights and other protections in the Constitution. Also known as Delegated Powers or Express Powers.
Ex post facto laws
a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law.
Express powers
Article I, Section 8 of Constitution lists 27 expressed powers of Congress, including the power to declare war, levy taxes, regulate commerce and currency.
Extradition
handing over (a person accused or convicted of a crime) to the jurisdiction of the foreign state in which the crime was committed. In US government, sending a criminal back to the state in which the crime was committed
Full Faith and Credit clause
Portion of Article IV that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state
Gibbons v. Ogden
The Court upheld broad congressional power over interstate commerce. Paved the way for other rulings expanding federal power.
Gonzales v. Raich
Under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal purposes.
Grants-in-Aid
Money coming from central government for a specific project.
Implied Powers
hose powers authorized by a document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated.
Inherent Powers
Powers held by a sovereign state. In the United States, the President derives these powers from the loosely-worded statements in the Constitution that "the executive Power shall be vested in a President" and the president should "take care that the laws be faithfully executed" (defined in practice, rather than by constitutional or statutory law).
Intergovernmental Lobbies
An interest group made up of mayors, governors, and other state and local officials who depend on federal funds
Interstate Compacts
an agreement between two or more states of the United States of America. Article I, Section 10 of the United States Constitution provides that "no state shall enter into an agreement or compact with another state" without the consent of Congress. Consent can be obtained in one of three ways. First, there can be a model compact and Congress can grant automatic approval for any state wishing to join it, such as the Driver License Compact. Second, states can submit a compact to congress prior to entering into the compact. Third, states can agree to a compact then submit it to Congress for approval, which, if it does so, causes it to come into effect.
Layer Cake Federalism
another name for dual federalism
Mandates
Federal rules that states must follow, whether they receive federal grants or not
Marble Cake Federalism
another name for cooperative federalism
McCullouch v. Maryland
In the ruling, the Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.
"Necessary & Proper" clause
enables Congress to make the laws required for the exercise of its other powers established by the Constitution
New Federalism
a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states. The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration to the states of some of the autonomy and power which they lost to the federal government as a consequence of President Franklin Roosevelt's New Deal.
Plessy v. Ferugson
The Court Ruled Separate but Equal facilities are Equal
Preemption
the invalidation of a U.S. state law that conflicts with Federal law
Printz v. United States
the Court struck down the provision of the federal Brady Act requiring states to check the background of handgun buyers.
"Reagan Revolution"
The nickname of the presidency of Reagan, in recognition of the political realignment in the U.S. in favor of conservative domestic and foreign policies
Reserved Powers
those powers which are not "enumerated" (written down, assigned). Certain areas are assigned to either the central (or federal) government or the regional (or state or provincial) government; however it is not possible to list all possible subject that might be legislated on for all time. Therefore, the framers of major constitutional documents tend to assign all other subjects that may arise after the document is enacted to one of the two orders of government. This is considered a major power in its own right.
Revenue Sharing
a government unit's apportioning of part of its tax income to other units of government. provinces or states may share revenue with local governments, or national governments may share revenue with provinces or states
"Supremacy" Clause
establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land"
Tyranny
cruel and oppressive government or rule.
UMRA (Unfunded Mandates Reform Act)
An act approved during the Clinton Administration. enacted to avoid imposing mandates on state governments, local governments, and tribal governments, or to the private sector, when said mandates do not include federal funding to help the STLG carry out the goals of the mandate.
Unitary System
a system of political organization in which most or all of the governing power resides in a centralized government
United States v. Lopez
It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale. It was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.
United States v. Morrison
Held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.
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