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Flashcards in WTP ch 3 Deck (53)
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1
Q

— can be defined s the division of powers and functions between the national government and the state government

A

federalism

2
Q

— — is the central government makes the important decisions, and lower levels of government have little independence power. In such systems, lower level government primarily implement decisions made by the — government.

A

Unitary system

Central

3
Q

— — (contrast to unitary system) central government shares powers or functions with lower levels of government, such as regions or states

A

Federal system

4
Q

The united states was the first nation to adopt — as its governing framework. With this, the framers sought to limit the national government by creating a — — of governments

A

Federalism

Second layer

5
Q

American federalism thus recognized two sovereigns in the original constitution and reinforced the principles in the Bill of Rights by granting a few — — (power specifically granted to Congress and the president in the constitution)

A

Expressed Powers

6
Q

“Expressed Powers” granted to the national government are found in Article— Section— of the constitution

A

Article I, Section 8

7
Q

Article 1 section 8 also contains another important source of power for the national government: the — — that enable congress “to make laws which shall be — and — for carrying into execution the foregoing powers”

A

Implied powers

Necessary and Proper

8
Q

Article — of the constitution says that whenever there is a conflict between a national law and a state law, the — law shall prevail

A

VI (six)

National

9
Q

The 10th amendment is also called the — — amendment because it aims to reserve powers to the —

A

Reserved powers

States

10
Q

The most fundamental power that the states retain is that of — ; the power to develop and enforce criminal codes, to administer health and safety rules, and to regulate the family via arrange and divorce laws

A

Coercion

11
Q

A states authority to regulate the health, safety, and morels of its citizens is commonly referred to as the — — of the state.

A

Police power

12
Q

— is what the states do, coercing you in the name of the community in order to maintain public order. This is exactly the type of power that the founders had intended to the states rather than the federal government to exercise

A

Policing

13
Q

In some areas the states share — — of the state (authority possessed by BOTH state and national governments ) with the national government, whereby the retain an share some power to regulate commerce and to affect the currency

A

Concurrent powers

14
Q

The constitution also creates obligations among the states. These obligations spelled out in article — were intended to promote — —-. by requiring the states to recognize actions and decisions taken in there states as legal and proper, the framers aimed to make the states less like independent countries and more like parts of a single nation

A
Article IV (four)
National Unity
15
Q

Article IV section — establishes the — — and — clause, stipulating that each state is normally expected to honor the “public acts, records, ad judicial proceedings” that take place in any other state

A

Section 1

Full faith and credit clause

16
Q

The “ — — and — “ clause has become embroiled in the controversy over gay marriage. The matter first received nationwide attention when the — supreme court ruled in 19– that gay and lesbian couples should have the same rights as heterosexuals,

A

Full Faith and Credit Clause
Vermont
1999

17
Q

In 1996, congress passed the — — — — (—-), which declared that states did not have to recognize same-sex marriages even if it is legal in other states

A

Defense of Marriage Act (DOMA)

18
Q

Article IV section 2, known as the “— —” also seeks to promote national unity. This clause provides that citizens enjoying the “— and —” of one state should be entitled to similar treatment in other states. What this has come to mean is that a state cannot discriminate against someone from another state or give special privileges to its own residents

A

“comity clause”

“privileges and immunities”

19
Q

— governments have no status in the US Constitution. State legislatures created — governments and state constitutions and laws permit — governments to take on some of the responsibilities of the state governments.

A

Local governments

20
Q

Most states amended their constitutions to give their larger cities — — , powers delegated by the state to a local unit of government to manage its own affairs. Local governments have always been mere conveniences of the states

A

Home rule

21
Q

— — in which most fundamental governmental powers were shared between the federal and state governments

A

Dual federalism

22
Q

For most of the 19th century, supreme court consistently interpreted the – — in favor of national power over the economy

A

Commerce clause

23
Q

— v. —- (1819) involved the question of whether congress had the power to charter a national bank, as such an explicit grant of power was no where to be found in article 1 section 8

A

McCulloch vs Maryland

24
Q

Of McCulloch v Maryland, chief justice – – answered that this power could be — from other powers that were — delegated to congress, such as the “powers to lay and collect taxes; to borrow money; to regulate commerce; and to declare and conduct a war”

A

John Marshal
Implied
Expressly

25
Q

The decision of McCulloch v Maryland as ruled by the supreme court created the potential for an unprecedented increase in – – power

A

National government

26
Q

Chief justice John Marshal also concluded that whenever a – law conflicted with a – law the former would be deemed invalid

A

State law

Federal law

27
Q

— v —- (1824) reinforced this nationalist interpretation of the constitution. The important but relatively narrow issue was whether the state of NY could grant a monopoly to Robert Fulton’s steamboat company to operate n exclusive service between NY and NJ.

A

Gibbons v Ogden

28
Q

In Gibbons v Ogden (1824) chief justice — — argued that NY did not have the power to grant particular monopoly. He had to define what article 1 section 8 meant by “commerce among the several states”

A

John Marshall

29
Q

— v— is important because it established the supremacy of the national government in all matters affecting hat later came to be called “interstate commerce”

A

Gibbons v Ogden

30
Q

— — is the principle that the states should oppose the increasing authority of the national government

A

States rights

31
Q

When Franklin Delano Roosevelt took office in 1933, he energetically threw the federal government into the business of fighting the depression through a number of proposals known collectively as the — —

A

New Deal

32
Q

— – — are programs through which congress provided money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

A

Grants-in-aid

33
Q

This type of grants-in-aid are given to states and localities by the national government on the condition that expenditures be limited to a problem or group specified by law

A

Categorical grants

34
Q

In 1956, 96 southern members of congress issued a “— —” in which they declared that southern states were not constitutionally bound by supreme court decisions outlawing racial segregation. They believed that states rights should override individual rights to liberty and formal equality.

A

“Southern Manifesto”

35
Q

— : whereby programs are removed from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments

A

Devolution

36
Q

In — — v — (1995), the court, stating that congress had exceeded its authority under the commerce clause, struck down a federal law that barred handguns near schools. This was TH first time since the New Deal that the court has limited congressional powers in this way.

A

United States v Lopez

37
Q

— v — (1997) the decision declared unconstitutional a provision of the Brady Handgun Violence Prevention Act that required state and local law enforcement official to conduct background checks on handgun purchasers. The court declared that this provision violated state sovereignty guaranteed in the 10th amendment because it required state and local officials to administer a federal regulatory program.

A

Printz v United States

38
Q

— — : in which grants-in-aid have been used strategically to encourage states and localities to pursue nationally defined goals, with national and governments sharing powers and resources via intergovernmental cooperation

A

Cooperative federalism

39
Q

One political scientist, Morton grodzins, characterized cooperative federalism as a move from “— — federalism” to “— — federalism” in which intergovernmental cooperation and sharing have blurred a one-clear distinguishing line, making it difficult to say where the national government ends and the state and local governments begin

A

“layered cake federalism” to “marble cake federalism”

40
Q

One of the reason that Washington distrusted the states was because of the way African American citizens were treated in the south. The southern states forthright defense of segregation, justified on the grounds of — —, helped tarnish the image of the states as the civil rights movement gained momentum

A

States rights

41
Q

— – – are incentives: congress gives money to Tate and local governments if they agree to spend it for the purposes congress specifies

A

Grants-in-aid

42
Q

— : the principle that allows the national government to override state or local actions in certain policy areas

A

Preemption

43
Q

— — : regulations or new conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the national government.

A

Unfunded mandates

44
Q

The growth of — — was TH product of a democratic congress which wanted to achieve liberal social objectives, and a republican president, who opposed increased social spending. Between 1983 and 1991,congress mandated standards in many policy areas, including social services and environmental regulations, without providing additional funds to meet those standards

A

Unfunded mandates

45
Q

— — — – (UMRA) : under this law congress must estimate the expense for any proposal in believes will cost more than $50 million. New national problems inevitably raise the question of who pays

A

Unfunded Mandates Reform Act

46
Q

Proponents of more state authority have looked to — — as a way of reducing federal control. These are federal grant-in-aids that allow states considerable discretion in how the funds are spent

A

Block grants

47
Q

President Richard Nixon led the first push for — — in the early 1970’s. Nixon approach consolidated programs in the areas of job training, community development, n social services into three large block grants. These grants imposed some conditions on states ad localities as to how the money should be spent but not the narrow regulations contained in the categorical grants

A

Block grants

48
Q

— — —; whereby the federal government provided mopey to local governments and countries with no strings attached; localities could spend the money as they wished

A

General revenue sharing

49
Q

Ronald Reagan’s version of — — (returning power to the states through block grants) similarly aimed to reduce the national government’s control

A

New Federalism

50
Q

After the terrorist attacks in 2001, Bush (aware that America was looking to Washington for protection) worked with congress to pass the — — – , which greatly increased the surveillance powers of the federal government. A year later, he created the enormous new federal —- —- -of —- —.

A

USA PATRIOT Act

Department of Homeland Security

51
Q

In the words of attorney general — — “it is clearly unconstitutional for the state to set its own immigration policy”

A

Eric Holder

52
Q

Controversial provision of the affordable care act was the “— —” the requirement that individuals without health care insurance be required to purchase such insurance. The 26 states suing the federal government charged that congress exceeded its power under the commerce clause when it enacted the — . they charged that congress had no power to force individuals to purchase a product and argued that the act set up a “slippery slope” in which congress could force individuals to make other purchases

A

Individual Mandate

mandate

53
Q

The supreme court found that the affordable care act could be justified by congress’s — – — . the law requires individuals who do not receive insurance from their employer or their parents, and are not eligible for Medicaid to purchase insurance or pay a penalty. The court reasoned that the penalty could be considered a — and in that sense it passed constitutional muster

A

Power to tax

Tax