KTQ 03: Federalism

Unit 1 Examination practice test #3

Expressed powers

Powers explicitly granted the national government, particularly through Article I, Section 8

Implied powers

Powers granted the national government through its interpretation of powers necessary and proper to carry out the powers explicitly granted

Tenth Amendment

Also called the reserved powers amendment, giving states a separate sphere of power from the national government

Reserved powers

State powers that the national government does not have, such as police powers

Police powers

Power to regulate the health, safety, and morals of state citizens

Concurrent powers

Power shared between the state and national governments

Home rule

Power given a local government to manage its own affairs

States rights

Principle that states should oppose the increasing authority of the national government

Southern Manifesto

Southern states declared they are not bound to Supreme Court decisions outlawing racial segregation

Preemption

The national government can override state and local government in specific areas

Necessary and Proper Clause

Elastic clause that helped expand the power and scope of the national government in relation to the states

Privileges and Immunities clause

Comity clause that prevents states from discriminating against citizens of other states

Full Faith and Credit Clause

States must honor the public acts, records, and judicial proceeding of other states

Commerce Clause

Clause used to expand the power of the national government during and after the Great Depression

United States v. Windsor

Ordered that same-sex married couples receive equal treatment as other married couples under federal law

Obergefell v. Hodges

Ordered that the right to marry could not be denied to same-sex couples

McCulloch v. Maryland

Ordered that the national power to regulate commerce, lay and collect taxes, to borrow money, and to conduct war implied the power to charter a national bank

Gibbons v. Ogden

Ordered that the commerce clause extended to any species of commercial activity among more than one state

United States v. Lopez

Ordered that the commerce clause does not extend to carrying guns in a school zone, preventing the national government from prohibiting it

Printz v. United States

Ordered that the national government could not force state and local police conduct background checks on gun purchases

National Federation of Independent Business v. Sebelius

Ordered the national government could not impose all or nothing conditions on states

King v. Burwell

Ordered that national healthcare subsidies must be made available to citizens of all states

Dual federalism

Layer cake federalism, occurring before 1937, that had separate spheres of power between the state and national governments, with little overlap

Cooperative Federalism

Marble cake or picket fence federalism that occurs after 1937 which state and national governments' powers are not clearly separated

Devolution

National government returning power and responsibility over policy to the states

New Federalism

Use of block grants instead of categorical grants to return some power to the states

Block Grants

Specific type of grants given to states that must be spent for a general purpose but gives states minimal mandate of how the money is spent by states to achieve the purpose

Categorical Grants

Specific type of grants given to states that must be spent for a particular purpose and in a particular way

Grants-in-aid

Money given to the states to implement policy the national government wants

Unfunded Mandates

Regulations or conditions for receiving grants that do not cover the costs imposed by state implementation

General Revenue

Money is provided to state and local governments for a general purpose, but the money can be spent however the state wants