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Unit 2 government
| Term | Definition |
|---|---|
| Federalism | Division of power between national, state, and local levels |
| Deligeated powers | Expressed, or enumerated, powers given specificaly to the national government |
| Example of Deligated powers | Caoin money, foreign policy and trade, immigration |
| Implied powers | Although not expressed, powers that may be reasonably inferred from the constitution |
| Inherant powers | Powers that exist for the national government becuase the government is sorvern |
| Concurrent powers | Powers that belong to both the national and state govenments |
| Examples of concurent powers | Tax, borrow money, establish banks |
| Reserved powers | powers belong specificatly to the state becuase they were neither delegated to the national government nor denied to the states |
| Example of reserved powers | Education, health and welfare, licenses, and marriage |
| Prohibited powers | Powers tha are denied to the national government, state governments, or both |
| Example of prohibited powers | Neither the national government nor state governments may pass an ex post facto law or bill |
| Ex post facto law | A law that retroactivly changes the legal consequences of actions that were commited, or relationships that existed, before the enactment of the law |
| Bill of attainder | An act of a legislature declaring a person, or group of people, gulity of some crime, and punishing them, often without a trial |
| Duel federaism ( layer cake federalism ) | federal and state governments are each supreme in their own sphere; their powers do NOT overlap |
| Cooperative federalism (Marble cake federalism | Federal government and states share responsiblities, costs, and polocies |
| Grants in Aid | Money and resources provided by the federal government to the state and local governments to be used for specific projects or purposes |
| Grants in aid example | Public works projects like building canals, roads, railroads, and land grangts |
| catagorial grants | grants that have a specific purpose defined by the law |
| catagorial grants example | sewage treatment facilities, school lunch programs; project grants based on competition, formula grants |
| incintives/conditions-of-aid | "strings attached"; what states must do to recieve federal money |
| Examples of conditions-of Aid | National minimum drinking age act of 1984 |
| Funded or unfunded mandates | Rules of what states MUST, weather or not they recieve money |
| Examples of funded or unfunded mandates | Americans with disabilities act of 1990 |
| Block grants | General grants that can be used for a varitity of purposes within a broad catagory |
| Example of block grants | Education, health care, public services |
| Revnue sharing | A "no strings attatched" form of aid to state and local governments |
| Develution | A transfer of power to political subunits |
| New federalism | Areturn to more distict lines of reponsibility for federal and state programs |
| Expressed powers (AKA enumerated/explict) | Directly stated in the constitution |
| Implied powers | Not diretly stated in the constitution claimed by congress; based on nessecary and proper clause |
| Neccesary and proper clause (AKA elastic clause) | Provides the basis for implied powers |
| Commerse clause | congress has the power to regulate interstate commerse |
| Supremacy clause | When fderal and state laws conflict, the federal law is superior |
| Effects of clause | Federal power ( esspecialy congress) has been greatly expanded |
| McCulloch v Maryland 1819 | Declared that congress has implied powers neccesary to impliment its enumerated powers |
| Gibbons v Ogden 1825 | Declared that ONLY congress can regulate interstate commerse States cannot |
| 1937-present | Very broad interpritation of "interstate commerse" |
| Gun free school zone act of 1990 | Made it a federal crime to bring a gun within 1,000 feet of school |
| United states v lopez 1995 | First modern limit on congressional use of its commerse clause power |
| Gaurentes to the states | Article 4 of the constitution provides natural guarentess to the states |
| article 4 gaurentes | republican form of government, protections against foriegn invasions, Protections against doestic abuse, Respects for the geographic integrity of states |
| Federalism advantages | Multiple accese points offer more oportunities for political participation, states can make policies specific to their individual needs, States can make policy in the absence of national census, States can be labratories of democracy, The federal governme |
| federalism disadvantages | Tougher for the national government to make unified polocies, at times states' rights may be used to perpetuate discrimination, inflexability inherent in a written constitution, complex, with many governments to deal with, duplication of offices and funct |
| Laboritories of democracy | States can experiment with new polocies and other states and the national government can observe the effects and choose weather to reject or implement a similar policy |
Created by:
Bob mcdonalds