Government in America Chapter 3 and principles of government

Reserved Powers

Powers given to the States by the 10th amendment

Delegated Powers

Term for powers given to the national Government

Concurrent Powers

powers held by both national and state governments at the same time

Denied Powers

powers that neither state or national governments are allowed to have

Expressed Powers

national powers that are directly written in the Constitution

Implied Powers

national powers not expressly written but inferred from the elastic clause

inherent Powers

national powers that are naturally needed for a government

Supremacy Clause

Article VI of the constitution which states that all laws and treaties of the United States are Superior to those of states.

unitary government

a way of organizing a nation so that all power resides in the central government

intergovernmental relations

The workings of the federal system- the entire set of interactions among national, state, and local governments.

tenth amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

elastic clause

clause in Article I, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I

full faith and credit

A clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.

cooperative federalism

The situation in which the national, state, and local levels work together to solve problems. "Marble Cake"

dual federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. "Layer Cake"

formula grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

unfunded mandate

a federal order mandating that states operate and pay for a program created at the national level

ex post facto law

a law that would allow a person to be punished for an action that was not against the law when it was committed

interstate compacts

agreements among states to cooperate on solving mutual problems; requires approval by Congress

preemption

a concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas

categorical formula grants

Federal grant where Congress appropriates funds for specific purposes. Tightly monitored to make sure its being used correctly. Certain requirements must be passed in order to get this grant

(ex: Medicaid)

checks and balances

controls that each branch has to limit the power of the others

federalism

a division of powers between levels of government, generally between national and state

judicial review

the act of courts examining laws to determine if they are against the constitution or not

limited government

restricting the power of rulers so that their power is not absolute; things that the government can not do to its citizens.

popular sovereignty

the authority to rule rests with the people

representative government

people transfer their power to delegates who make decisions on their behalf

separation of powers

A division of powers within one level of government, generally in branches

majority rule/minority rights

the idea that whoever gets more votes gets to take office, but the group that loses is still guaranteed rights

enumerated powers (expressed powers)

those that are specifically granted to Congress in Article 1, section 8 of the Constitution, e.g., the power to tax. Also known as expressed powers.

Tenth Amendment

The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.

concurrent powers

powers shared by the national and state governments

Bill of Attainder Clause

"No bill of attainder ... shall be passed."

Congress cannot pass a law that singles out a person for punishment without trial

Privileges and Immunities Clause

Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

Extradition

The legal process by which a fugitive from justice in one state is returned to that state

interstate compact

An agreement among two or more states. Congress must approve most such agreements.

Dillon's Rule

A premise articulated by Judge John F. Dillon in 1868 which states that local governments do not have any inherent sovereignty and instead must be authorized by state governments that can create or abolish them.

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

Barron v. Baltimore (1833)

The Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone.

Dredd Scott v. Sanford

A 1857 Supreme Court decision that inflamed hostilities between the north and the south regarding slavery.The Court stated that an African American,was not a citizen and did not have the right to sue for his freedom

Sixteenth Amendment

The constitutional amendment adopted in 1913 that explicitly permitted Congress to levy an income tax.

Seventeenth Amendment

1913 constitutional amendment allowing American voters to directly elect US senators

progressive federalism

a pragmatic approach to federalism that views relations between national and state governments as both coercive and cooperative