Gov Chapter 3
37 flashcards · Other · by Samantha Much
Federalism
An arrangement of fairly autonomous levels of government
Cooperative Federalism
Both levels of government coordinate their actions (marble cake federalism)
Dual Federalism
The states and national government exercise authority in distinctly separated spheres of jurisdiction
Two Levels of Government elected by people for differing functions, requires cooperation
1st characteristic of Government
National Constitution can't be changed without substantial consent of lower governments, no permanent changes without broad support
2nd Characteristic of Government
Formally allocate authority to both levels. Ensures autonomy
3rd characteristic of government
National courts resolve disputes between governments/departments. Supreme Court has final say.
4th Characteristic of Government
Subnational governments are represented in the national legislature This is fulfilled by the Senate.
5th Characteristic.
Unitary system
Consolidated power structure.
Devolution
A system that gradually decentralizes.
Confederation
A system in which authority is concentrated in the states.
Elastic Clause, or the Necessary and Proper Clause
"to make all laws necessary and proper", Article 1 section 8
Writ of Habeas Corpus
Enables someone in custody to petition a judge to determine if the detention is legal
Bill of Attainder
Legislation declaring a death penalty without trial, prohibited
Ex Post Facto Law
A law criminalizing something retroactively.
Supremacy Clause
If a state and national law clash the national one wins
Full Faith and Credit Clause
Requires a state to accept court decisions, public acts, and contracts of other states.
Privileges and Immunities Clause
States are prohibited from discriminating against people from other states, Article 4
Alexander Hamilton
Created the First Federal Bank, first Treasury secretary
Nullification
The states had the power to reject national laws they deemed unconstitutional
Dred Scott v Sandford
The supreme court case that ruled the national government lacked the authority to ban slavery in the territories.
Interstate Commerce Act
Regulated commerce between the states, created the Interstate Commerce Commission
Sherman Antitrust Act of 1890
An act that made it illegal to monopolize or attempt to monopolize
Lyndon Johnson
President who expanded the role of the federal government in the 60s
New Federalism
The decentralization of policies enhances efficiency Nixon and Reagan
General Revenue Sharing
Distributed funds with little restrictions on how it must be spent Reagan got rid of it in 1986
Grant
A monetary incentive to pursue a policy, the carrot
Unfunded Mandate
Federal laws, regulations, or rules that impose demands on the states without including the funding required to comply. Threat of punishment, the stick
Categorical Grant
A grant that limits the usage of funds, favored by congress for control, like Food Stamps
Block Grant
A grant that has little to no restrictions on how it's spent. Invites flexibility.
Creeping Categorization
New administrative requirements on governments, replaces block grants with categorical grants.
Competitive Federalism
Competition within a federal system between governments (I don't know if we actually need to know this one.)
Immigration Federalism
The gradual movement of states into immigration policy
Advantages of Federalism
Increases innovations by using states like labs, has distinct levels.
Disadvantages of Federalism
Can lead to economic disparities, a race to the bottom, and can be too slow to react.
Gibbons v Ogden
supreme court case establishing the national governments ability to regulate interstate commerce
Enumerated powers
powers granted to the Federal government, and specifically Congress, which are mostly listed in Article I, Section 8