AP Gov Ch. 3

Extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

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.

McCulloch v. Maryland

An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.

Tenth Amendment

The constitutional amendment stating, "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."

Cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Unitary governments

A way of organizing a nation so that all power resides in the central government. Most national governments today are this type.

Federalism

A way of organizing so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Formula grants

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

Republicans

What political party is behind devolution?

Hamilton championed loose construction, the view that the Constitution should be broadly interpreted.

What view did Alexander Hamilton have on the interpretation of the Constitution?

Nullification was the right of a state to declare null and void a federal law that in the state's opinion, violated the Constitution. They states were trying to ban laws that banned slavery.

What was nullification? What types of laws were sates declaring null and void?

Maryland tried to tax the national bank and they refused to pay so Maryland sued them. The power to tax was the power to destroy the national government.

What was the state of Maryland attempting to do? What did the court ultimately say would happen if Maryland was allowed to do this?

Jeffersonian the view of strict construction, that the federal government should be narrowly construed and sharply limited.

What was the view of Thomas Jefferson?

States complain that no funds are given to support these policies

Why do states complain about federal mandates?

Privileges and immunities

A clause in Article IV, Section 2 of the Constitution according citizens of each state most of the privileges of citizens of the other states.

Full faith and credit

A clause in Article IV, Section 2, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.

Gibbon v. Ogden

A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.

Project grants

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications.

Block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.

Categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Handicapped Children's Protection Act and Americans with Disabilities Act

Give 2 examples of federal mandates.

Advantages- 1) promotes diverse policies and allows for experimentation 2) provides multiple power centers making it difficult for any one faction to dominate Disadvantages- 1) creates inequality because states differ in the resources they have for services- one state might have less money for welfare and other states give more money and people go to that state and it deters the poor state from giving benefits 2) allows for local interests to delay or stop support for a policy- ending segregation, local and state govs worked against national gov.

List and explain 2 advantages and disadvantages of federalism.

Enumerated powers

Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed on Article I, Section 8, and included the power to coin money, regulate its value and impose taxes.

Implied powers

Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.

Elastic clause

The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.

Fiscal federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

Intergovernmental relations

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

Devolution

Transferring responsibility for policies from the federal governments to state and local governments.

In dual federalism, the powers and policy assignments of the layers of government are distinct, as in a layer cake. Like a marble cake, cooperative federalism has shared powers and policy assignments of the states and national governments.

Using the analogy, what types of cake are dual federalism and cooperative federalism compared to?

Block grants are given to states or communities and they decide how to spend the money. States prefer block grants because there are less strings attached and the money can be used for a broader purpose.

What are block grants? Why do states prefer block grants to categorical grants?

Categorical grants are the main source of federal aid used for one specific purpose with strings attached.

What are categorical grants?

Concurrent powers are powers shared by the national government and the states. Two examples are taxes and courts.

What are concurrent powers? Give an example of 2.

Prohibited powers are denied to federal and state governments. Taxing exports is prohibited for the federal government and coining money is prohibited for the states.

What are prohibited powers? What is a prohibited power of the federal government? What is a prohibited power of the states?

Reserved powers are held solely by the states. Two examples are establishing local governments and regulating commerce within a state.

What are reserved powers? Give an example of 2.

The case established the supremacy of the national government over the states and the national government has certain implied powers that go beyond its enumerated powers.

What did the court case McCulloch v. Maryland establish?

Mandates apply to civil rights and environmental protection

What do most mandates apply to?

A mandate is a rule that states what local governments or states must do in order to comply with federal guidelines.

What is a mandate?

An effort to scale back the size and activities of the national government and shift the responsibility to the states.

What is devolution?

Delegated powers are powers of the federal government that are specifically addressed in the Constitution. They are also called expressed or enumerated powers

What is meant by delegated powers? What are they also called?

Unitary government- all power resides in the central government Federal government- two or more levels of government have formal authority over the same area and people Confederal government- most or all power is in the hands of the country's components

What is the difference between a unitary, federal, and confederal political system?

The people were too widely dispersed and the country's transportation and communication systems too primitive to allow governing from a central location

Why did the Founding Fathers incorporate federalism in the new government?