POD Chapter 4 Vocab

Federalism

The division of government power between the central and state governments

Delegated Powers

1. Expressed powers

2. Implied powers

3. Inherent powers

Expressed Powers

The powers directly stated in the constitution

Implied Powers

Powers not directly listed but are required for government to carry out its expressed conditional powers

Necessary and Proper Clause (Elastic Clause)

Grants congress the power to “make laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the US”

Inherent Powers

Powers the national government may exercise simply because its a government

Reserved Powers

Not specifically mentioned in the Constitution as a federal power so they are reserved for states or the people

Concurrent Powers

Powers that are shared between the federal and state government

Denied Powers

Powers specifically denied to the federal government, state government or both

Supremacy Clause

A statement in ARTICLE VI of the constitution establishing that the constitution, laws passed by congress and treaties of the US “shall be the supreme law of the land”

Federal Supremacy

Held that states could not impede federal law, “power to tax is power to destory”

McCulloh vs Maryland

Supreme Court case that established the principle of federal supremacy and the implied powers of the federal government

States Rights

States should have expanded powers

Nationalists

National government should have expanded power

Allocate

To asign a portion of something, usually financial aid

Federal Grants

Use money for specific stated purpose

Block Grants

Grants with a broad purpose

Preemption

The federal governments ability to take over a state function

Policy

A plan of action for a specific problem

Public policy

A course of action taken by government to settle a problem or situation

Laboratory Theory

States “experiment” with policies to see what works best for national policy

Sunset Laws

Requires checks on laws/agencies to see if needed

Sunshine Laws

Prohibits closed meeting of public offices

Relationship among states

1. Full faith and credit

2. Privilege and immunities

3. Extradition

4. Interstate compacts

5. Lawsuits between states

Full faith and credit

Public acts, records, legal proceedings of other states are recognized

Privilege and Immunities

States cant discriminate unreasonably against citizens of other states (but they can against nonresidents like jury participation)

Extradiction/extradite

Return to the state

Interstate Compacts

Legal agreement between two or more states over common issues

Lawsuits between states

Heard and decided by the Supreme Court

Admission of a new state

1. Petition

2. Enabling act

3. Convention

4. Popular vote

5. Congressional Approval

Petition

The people of a territory petition with Congress for statehood

Enabling Act

Congress passes an act authorizing the territory to create a constitution and organize a government

Convention

The territory holds a constitutional convention tk draft a state constitution, which must align with the US Constitution

Popular Vote

Territorys residents vote to approve the constitution and petition for statehood

Congressional Approval

President signs an act of admission and the new state is formally admitted on “equal footing” with all others

Expo Facto Laws

A law that makes an action a crime after the act has already been committed

Bill of Attainder

Legislative act that declares a person or group of people guilty of a crime and punishment them without a judicial trial