Ap Gov Chapter 3 Vocab
Gibbons v. Ogden
1824 Landmark decision in which the Supreme Court held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation
McCulloch v. Maryland
A 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
Cross-cutting Requirements
A condition on one federal grant that is extended to all activities supported by federal funds
Regulated Federalism
A form of federalism in which Congress imposes legislation on state and localities, requiring them to meet national standards before administering grants
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 political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government
Nullification
A state's refusal to recognize an act of Congress that it considers unconstitutional
Confederal System
A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states.
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government.
Unitary Governments
A way of organizing a nation so that all power resides in the central government
Federalism
A way of organizing a nation so that two or more levels of government have formal authority over the same land and people, system of shared power between units of government
Unfunded Mandates
Actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required.
Elastic Clause
Article I, Section 8, Clause 18 of the Constitution; one of the powers of Congress that allows them to make any laws that are necessary and proper for carrying out their other powers. Also called the "Necessary and Proper Clause"
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.
General Welfare Clause
Authorizes congress to provide for the common defense of the country and for the common good
Loose Construction
Believers in loose construction favor a system where anything not specifically prohibited by the constitution should be allowed.
Creeping Categorization
Block grants become more restricted by rules due to conditions added later by Congress; the tendency for grants to acquire mandates where none had existed previously. Block grants becoming more categorical
Project Grants
Categorical grant programs in which states submit proposals for projects to the federal government and the national government chooses which to fund on a competitive basis.
Full Faith and Credit Clause
Clause in the Constitution (Article 4, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid.
Necessary and Proper Clause
Clause of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out enumerated powers specified in the Constitution; also called the Elastic Clause.
Formula Grants
Congress appropriates funds for a specific purpose. These funds are allocated by formula and are subject to detailed federal conditions, often on a matching basis; that is, the local government receiving the federal funds must put up some of its own money.
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.
Block Grants
Federal money given to states with only general guidelines for its use. The states have the authority to decide how the money will be spent.
Privileges and Immunities clause
Guarantees that the rights of a citizen in one state will be respected by other states.
Kelo vs New London
New London used its eminent domain authority to seize private property to sell to private developers. City said developing the land would create jobs and increase tax revenues. Kelo among others sued, arguing that taking private property to sell to private developers was not public use. Supreme Court ruled in favor of New London Connecticut. 2005
United States v. Morrison
Invalidated the section of the VAWA of 1994 that gave victims of gender-motivated violence the right to sue their attackers in federal court, although program funding remains unaffected. Supreme Court held that Congress lacked authority, under either the Commerce Clause or the Fourteenth Amendment, to enact this section.
Eminent domain
Power of a government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property so taken.
Reserved Powers
Powers not specifically granted to the national government or denied to the states. Reserved powers are held by the states through the Tenth Amendment.
Concurrent Powers
Powers of government exercised independently by both the federal and state governments, such as the power to tax.
Enumerated Powers
Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8, and include 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. Implied powers are derived from the elastic or necessary and proper clause.
Delegated Powers
Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.
State Compact/Contract
States work together to solve problems that cross state lines
Strict Construction
Strict Constructionists believe that anything not expressly allowed in the Constitution should not be allowed.
United States v. Lopez
Student brought a gun to school, and the opposition tried to add to the charges with the violations of the Commerce Clause. Supreme Court ruled that the Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly. 1995
Mandate
The authority to carry out a policy or course of action, regarded as given by the electorate to a candidate or party that is victorious in an election.
National Supremacy
The clause in United States Constitution's Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the "supreme law of the land."
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Revenue Sharing
The distribution of a portion of federal tax revenues to state and local governments.
Devolution Revolution
The effort to reduce the size & power of the federal government by returning (devolving) power to the states. Associated with economic conservatives, President Reagan & the Tea Party.
Grants-in-aid System
The national government provides millions of dollars for federal grants to states
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.
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.
Devolution
The transfer or delegation of power to a lower level, especially by central government to local or regional administration.
Intergovernmental Relations
The workings of the federal system- the entire set of interactions among national, state, and local governments.
Cross-over Sanctions
Using federal dollars in one program to influence state and local policy in another, such as when funds are withheld for highway construction unless states raise the drinking age to 21 or establish highway beautification programs.