POLS 155 Ch 3 Vocab/Review
The Constitutional basis for the nationalization of the Bill of Rights is the __________.
14th Amendment
Dual Federalism is:
A system of federalism allowing states to do most of the fundamental governing from 1789-1937 (most fund government powers shared between federal & state governments).
Commerce Clause:
Article I, Section 8, delegating to congress the power to "regulate commerce among several states, with indian tribes and foreign nations." Interpreted by Supreme Court in favor of national power over the economy.
Necessary and Proper Clause:
Article I. & Section 8, provides Congress with authority to make all laws "necessary and proper" to carry out its express powers.
Concurrent Powers are:
Authority possessed by both state and national governments, such as power to levy taxes.
In Article IV, there is the ________ clause (Section 1) and ______________ (Section 2).
Full Faith and Credit, Privileges and Immunities Clause (comity clause)
Gibbons V. Ogden (1824) is when __________.
Gibbons fed a license to operate in the waters of the US. Ogden is an exclusive state (NY) license to operate steamboat on the Hudson River. Commerce Clause (Article I., Section 8): congress has the power to regulate commerce with foreign nations and among states and with Indian Tribes.
Formula Grants are:
Grants-In-Aid in which a formula is used to determine the amount of federal funds a state/local government will receive.
Which forms of speech are protected?
Obscenity, symbolic speech, and political speech.
There is three systems:
Unitary System, Confederal System, and the Federal System.
Federalism is:
a system of government in which power is divided between national and the state.
Federalism is:
a system of government in which power is divided by a constitution, between a central and a regional government.
Cities (level of government) is not addressed in the Constitution. a. true b. false
a. true
Balance of power between central government and the states was _____________.
at the heart of the Constitution.
New Federalism:
attempts by Presidents Nixon and Regan to return power to states through black grants (early 1970s)
Commerce is defined very _______ to encompass virtually every form of commercial activity.
broadly
Commerce among states ________________.
cannot be stopped at the external boundary line of each state but CAN be introduced into the interior
Unitary System is:
centralized government system in which lower levels of government have little power independent of the national government.
Power to regulate interstate: _______
commerce, which is granted to congress.
McCulloch v. Maryland (1819) is __________________.
congress passing a law to charter national bank, MD passing tax law, and McCulloch is a clerk at a US bank in MD
Categorical grants are:
congressional grants given to states/localities on the condition that expenditures be limited to problem/group by law.
Process of returning more of the responsibilities of governing from the national level to the state level is:
deevolution.
Home Rule is:
delegation of power in which a state grants a city the ability to govern its local affairs.
Redistributive program:
economic policies designed to control the economy through taxing and spending, with the goal of benefitting the poor.
Expressed Powers=
enumerated powers, in Article I
1st Amendment has
establishment clause free exercise clause
Cooperative Federalism is:
existing since the New Deal era, grants-in-aid used strategically to encourage state/localities to pursue nationally defined goals (intergovernmental cooperation).
Block Grants are:
federal grants-in-aid for allowing states considerable discretion in now the funds are spent.
Article II has
full faith & credit clause privileges and immunities clause
Project Grants are:
grant programs which state/local governments submit proposals to federal agencies, funding is provided on a competitive basis.
Implied Powers are:
important source of power for the national government, derived from Article I, Section 8. Enables Congress to "make all laws that shall be necessary and proper for carrying into Execution to the foregoing powers".
Reserved Powers are:
in the 10th Amendment, aims to reserve powers to the States, not specifically delegated to the national government or denied to the states.
Privileges and Immunities Clause:
is from ARticle IV, Section 2, in which state cannot discriminate against someone from another state or give its own residents special privilege.
Full Faith and Credit Clause:
is from Article IV, Section 1, requiring that states normally honor the public acts and judicial decisions taking place in another state.
Gibbons v. Ogden (1824) is important because
it established the supremacy of national government in all matters affecting interstate commerce.
Main purpose behind privileges and immunities clause of article IV is ____________________.
it prevents a state from discriminating its residents.
Gideon v. Wainwright (1963) was important because
it produced rules that must be used
Supremacy Clause=
national laws and treaties are the "Supreme law of the land", Article I
Article I has
necessary & proper clause/elastic clause commerce clause
Implied Powers=
necessary/proper clause, in Article I
A state's authority to regulate the safety, health, and morals of its citizens is called __________.
police power.
Concurrent powers are constitutional powers that are ____________________.
possessed by the state/national governments
Home Rule is:
power delegated by state to local unit of government to manage its own affairs.
Police Power:
power reserved to the state government to regulate the health, safety, and morals of its citizens.
10th Amendment stated that _______________________.
powers not delegated to national government or prohibited to the states were reversed to the states.
Police powers are ________________.
powers to regulate the health, safety, and morals of its citizens.
States' Rights:
principle that states should oppose increasing authority of the national government (most popular before Civil War).
Grants-In-Aid are:
programs through which Congress provides money to the State and local governments on condition that the funds be employed for purposes defined by federal government.
Unfunded Mandates are _______________________.
regulations/new conditions for receiving grants that impose costs on state/local governments for which they are reimbursed by the national government
Expressed powers are:
specific powers granted by the constitution to congress (found in Article I., Section 8) and to the president (Article II.)
Article VI has
supremacy clause
Reserved powers is found in _______.
the 10th Amendment
McDonald v. Chicago (2010) is significant because
the 2nd Amendment applies to the state government
Police/State power is:
the state/government's authority to regulate health, safety and morals of its citizens.