Gov Federalism vocab

bill of attainder

a legislative action of declaring someone guilty without a trial

Cooperative federalism

Both levels of government work together to shape public policy. (Marble cake) New deal expanded role of federal government.

Duel federalism

Dual federalism: States and national governments operate independently in their own areas of policy (layer cake, everyone has same rules)

elastic clause (necessary and proper)

article 1 section 8 “to make all  laws which shall be necessary and proper for carrying”

ex post facto law

a retroactive law that retroactively changes the legal consequences of actions that were committed before the law was enacted

fiscal federalism

sharing of tax dollars or fees between levels of government; usually grants from federal government to states

full faith and credit clause

requires states to respect court decisions, and public acts from other states

priveledges and immunities clause

prohibits states from  discriminating against out of staters by denying right 

facts

the relevant events of a case that occured before the court became involved

issue

a legal or constitutional question the court considers in a case

holding

"legal principle to be drawn from the opinion (decision) of the court" It answers the specific legal question(s) that were at the heart of the case.

reasoning

the courts explanation of a holding 

decision

the outcome of a case that includes a discussion of the facts, issue, holding, and reasoning

opinion

an analysis of the courts decision, written by justices.

Concurrent powers

powers shared between state and national governments

Implied powers

Powers derived from the proper clause

Reserved powers

Powers reserved to the states by 10th amendment

Inherent powers

Powers that belong to the president because its inferred from the constitution

Extradition clause

If a person is charged for a crime in one state, they cant flee to another state

14th Amendment

No state can deprive of life liberty or property without due process of law: Citizenship clause, equal protection clause, due process clause

Categorical Grants

Increases power of national government

Designed for a specific purpose

Block grants

Given to states for broad purposes

Increases state government power

Devolution Revolution

returns power back to states

McCullough vs Maryland

Brought power to the national government, Necessary and proper clause, supremacy clause, 10th ammendment

United States vs lopez

Power goes back to the states (devolution revolution), commerce clause, necessary and proper clause