Judicial Review
Allows the Court to judge the laws passed by Congress and the President against the Constitution.
Marbury vs. Madison
The foundational court case that establishes the idea of judicial review as a Constitutional principle.
Exclusive Powers
Powers that are specifically given to the federal government and found in the Constitution.
Examples of Exclusive Powers
Regulate interstate commerce, Coin money, Establish post offices, Protect patents and copyrights, Declare war, Raise and support an army and navy.
Reserved Powers
Powers that are kept by the states as stated in the 10th Amendment.
Examples of Reserved Powers
Public education, Issuing licenses, Provide public safety, Running elections.
Concurrent Powers
Powers that are shared by both the federal and state governments.
Examples of Concurrent Powers
Setting up courts & laws, Levying taxes, Building roads, Spending and borrowing money.
Fiscal Federalism
Power shared primarily through money, which is the most common example of federalism in action.
Categorical Grants
Money given to states as long as they comply with specific federal standards.
Block Grants
Money given to states for broad purposes that lets states spend it as they see fit.
Mandate
Directives that require state compliance and the federal government sets rules and provides funding.
Unfunded Mandate
Directives that require state compliance but the federal government provides no funding.
Devolution
The process of returning power to the states and away from the federal government.
USA Patriot Act
Increased the power of the federal government in the area of public safety by allowing federal agencies to gather intelligence by phone tapping and monitoring emails.
No Child Left Behind Act
Increased the power of the federal government in the area of education by tying federal funding to achievement criteria.
Parts of the Constitution Balancing Power
The 10th Amendment, the 14th Amendment, the commerce clause, and the necessary and proper clause.
14th Amendment
Empowers the federal government to make sure citizens' liberties are also being upheld and protected by the states.
Commerce Clause
Allows the federal government to regulate commerce that flows between the states and has been widely used to justify federal actions.
Necessary and Proper Clause
Allows Congress to make any other law that is necessary and proper to complete their jobs listed as exclusive powers in the Constitution.
McCullouch v. Maryland (1819)
An example of federalism with power shifting towards the federal government, strengthening the understanding of the necessary and proper clause.
Supremacy Clause
States that when state and federal government conflict, federal law will always trump state law.
Examples of Federalism in Action
The Paris Agreement on Climate and the legalization of marijuana by the states.
Cooperative Federalism
known as marble-cake federalism, is defined as a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs.
Democracy
a system that selects policymakers and organizes government so that policy represents and responds to the public's preferences.
devolution
opposite of revolution— authority is transferred from federal to state
dual federalism
characterized by a system of state and national governments with separate but distinct authority.
Elitism
sentiment that government is always ruled by a small, exclusive group, which may stand for the interests of themselves or the larger population; theory contends that American society is divided along class lines.
Federalism
more than one level of formal government
fiscal federalism
sliced cake, division of spending and taxing powers among the levels of government
government policy agenda
the issues that attract the serious attention of public officials and other political actors.
political equality
people are in equal standing when it comes to political power and influence
policy gridlock
condition occurs when interests conflict and no coalition is strong enough to form a majority and establish policy, yet each may be strong enough to thwart the will of the others.
social equality
equality in wealth, education and status.
unitary system
local and regional governments are all under the national government
equality of opprotunity
giving people an equal chance to succeed
Equality of outcome
The idea that each player must end up with the same amount in the end
linkage institution
channels that connect individuals with government
public policy
action taken by the government in response to a problem
Marbury VS madision (1803)
established judicial review
Gibbons v. Ogden (1824)
regulating interstate commerce is a power reserved to the federal government.
United States v. Lopez (1995)
Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime.
Schechter Poultry vs. United States (1935)
invalid use of commerce clause; the end of the business of centralization.
Heart of Atlanta Motel, Inc. vs. United States (1964)
civil rights act of 1964 was passed; commerce clause.