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Topic Outline: Federalism
Terms in this set (36)
Gibbons v Ogden
congress had exculsive power to regulate interstate commerce
A centralized government in which all government powers belong to a single, central agency.
A political system where independant states form a nation but retain power under a weak central government.
Federal System of government
A system of government that divides the powers of government between the national (federal) government and state and local governments
Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
All powers not specifically delegated to the national government by the Constitution. The reserve power can be found in the Tenth Amendment to the Constitution.
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.
Powers of government exercised independently by both the federal and state governments, such as the power to tax.
Art. 1, Sec. 8 of the Constitution (enumerated power). Congress has the power to regulate commerce with foreign nations, among the several states ["Interstate Commerce Clause"], and with the Indians. Interpreted by the Supreme Court very broadly (Gibbons v. Ogden) until Lopez & Morrison.
Necessary and proper clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Gives congress the power to tax and spend for the general welfare. Any federal legislation reasonably related to this power will be valid.
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate
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.
McCulloch v Maryland
1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere
Federal grants that can be used only for specific purposes or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.
process by which policy ideas and programs initiated by one state spread to other states
The power of a government to make laws protecting the health, safety and welfare of citizens (example: traffic laws, criminal laws). In America, police powers are reserved to the states by the 10th Amendment.
Writ of Habeus Corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.
Due process clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Equal protection clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Full faith and credit clause
addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."
Neither the government nor any individual who is employed by the government can be held liable for negligence
A state's refusal to recognize an act of Congress that it considers unconstitutional
Dred Scott v Sanford
Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens
Civil Rights Act of 1964
1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal
Voting Rights Act of 1965
1965; invalidated the use of any test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; as more blacks became politically active and elected black representatives, it rboguth jobs, contracts, and facilities and services for the black community, encouraging greater social equality and decreasing the wealth and education gap
Line Item Veto
Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court.
A single document that is accepted in a single vote by a legislature but contains amendments to a number of other laws or even many entirely new laws.
Procedure for submitting to popular vote the removal of officials from office before the end of their term.
Allows voters to petition to propose legislation & then submit it for a vote by qualified voters
A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment.
THIS SET IS OFTEN IN FOLDERS WITH...
AP Gov Unit 1 - Federalism
AP Gov Unit 1 - 4 stages of federalism (stage 1)
AP Gov Unit 1 - 4 stages of federalism (stage 2)
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Gov. Unit 2 & 3