Chapter 3
Defense of Marriage Act
(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage (unconstitutional exception to full faith & credit clause?)
McCulloch vs. Maryland
1819 Supreme Court decision that established the supremacy of the national government over state governments; Chief Justice Marshall and his colleagues, in deciding this case, held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
Condition of Aid
A technique of fiscal federalism used by Congress to control states. Requires states to do something in order to get the money (ex. South Dakota v. Dole, raise drinking age 21 to get highway money).
Commerce Clause
Art. 1, Sec. 8 of the Constitution (enumerated power). Congress has the power to regulate commerce with foreign nations, among the several states ["Interstate Commerce Clause"], and with the Indians. Interpreted by the Supreme Court very broadly (Gibbons v. Ogden) to virtually include any form of commerce. Perhaps the greatest power of Congress. Has been used to justify a 40 hour work week and enforce child labor laws.
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.
Unfunded Mandates
Federal laws that require the states to do things without providing the money to do so. Examples: ADA (wheelchair ramps), NCLB (testing)
Ex Post Facto
Laws that punish conduct that was not illegal when it was performed. These laws are always unconstitutional. Also known as a retroactive law.
Bills of Attainder
Laws that punish individuals or groups without a trial. These laws are unconstitutional.
US v. Lopez
Supreme Court declared Gun Free School Zones Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional. First federal law declared to exceed commerce clause since the 1930s (Devolution Revolution?)
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.
Habeas Corpus
The right to challenge the legality of your detention by government (to have a judge determine whether or not the government can detain you). This right can be temporarily suspended by Congress in times of rebellion or unrest.
Privileges and immunities
clause in Article IV, Section 2, of the Constitution, according citizens of each state most of the privileges of citizens of other states.
Full faith and credit
clause in Article IV, section 1, of the Constitution, requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.
Tenth Amendment
constitutional amendment stating that "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."
Formula grants
federal categorical grants distributed accordingly to a formula specified in legislation or in administrative regulations.
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; "come with strings attached," such as nondiscrimination provisions.
Elastic clause
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.
Gibbons vs. Ogden
landmark case decided in 1824 in which the Supreme Court interpreted very broadly the cause of Article I, Section 8, of the Constitution, giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.
Extradition
legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which is the crime is alleged to have been committed.
Fiscal federalism
pattern of spending, taxing, and providing grants in the federal system; cornerstone of the national government's relations with state and local governments.
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; Constitution states that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I. Established by CJ John Marshall in McCulloch v. Maryland. So Congress can create a National Bank to carry out its power to coin money. Major cause of growth of federal power.
Dual federalism
system of government in which both states and the national government remain supreme within their own spheres, each responsible for some politics.
Cooperative federalism
system of government in which powers and policy assignments are shared between states and the national government; costs, administration, and even blame for programs that work poorly may also be shared.
Devolution
transferring responsibility for policies from the federal government to state and local governments
Federalism
way of organizing government 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.
Unitary governments
way of organizing nation so that all power resides in the central government; system that is used, today, in most national governments.
Intergovernmental relations
workings of the federal system—the entire set of interactions among national, state, and local governments.
