Chapter 3

Printz v. United States (1997)

(1997) the Court found that Congress lacks the authority to compel state officers to execute federal laws, specifically relating to background checks on handgun purchasers.

United States v. Morrison (2000)

(2000) The Court held that the power to regulate interstate commerce did not provide Congress with authority to enact the 1994 Violence Against Women Act, which provided a federal civil remedy for the victims of gender-motivated violence.

Unfunded Mandates Reform Act (1995)

- placed limits on Congress in an attempt to reduce the number of unfunded mandates imposed upon states by the federal government. The federal government must consider costs to states. Unfunded mandates decreased but did not end.

Enumerated Powers (national) also called Expressed or Delegated Powers

- powers of the national gov't specifically granted to Congress in Article I, Section 8 of the Constitution

McCulloch v. Maryland (1819)

1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere

United States v. Lopez (1995)

1995 - 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.

Nullification

A constitutional doctrine holding that a state has a legal right to declare a national law null and void within its borders.

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.

Confederation

A political system in which a weak central government has limited authority, and the states have ultimate power.

Recall

A procedure allowing the people to vote to dismiss an elected official from state office before his or her term has expired.

Referendum

A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment.

Federalism

A system in which power is divided between the national and state governments

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.

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.

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

Initiative

Allows voters to petition to propose legislation &then submit it for a vote by qualified voters

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.

Devolution

An effort to shirft responsibility of domestic programs to the states in order to decrease the size &activites of the fed. govt; some states have attempted to shift responsibilities further to local govts

Inherent Powers

Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution.

Race to the Top

Competitive initiative for states to have funds for reforms that requires a link between student achievement and teacher evaluation.

Full Faith and Credit Clause (Article IV, Sec. 1)

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Fletcher v. Peck (1810)

Decision that established the precedent that the Supreme Court could rule a state law unconstitutional.

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. Compare to block grants.

No Child Left Behind Act (2002)

Federal law enacted in January 2002 that introduced new accountability measures for elementary and secondary schools in all states that wish to receive federal aid.

Mandates

Federal rules that states must follow, whether they receive federal grants or not.

New Federalism (Competitive Federalism)

Idea that gives more power back to the states, known as devolution, however the National government is still supreme to the states.

Revenue sharing grants

Of all the types of federal grants programs, which gave state and local governments the most flexibility in deciding how to use the grant money

South Dakota v. Dole (1987)

Ok for the federal government to withhold transportation dollars from states that did not lower drinking age to 18

Americans with Disabilities Act (1990)

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

Implied Powers

Powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.

Concurrent Powers

Powers of government exercised independently by both the federal and state governments, such as the power to tax.

Elastic or "Necessary and Proper" Clause (Article IV, Sec. 2)

Section of the Constitution allowing Congress to pass all laws "necessary and proper" to its duties, and which has permitted Congress to exercise powers not specifically given to it by the Constitution.

"Privileges and Immunities Clause" (Article IV, Sec.2)

States are prohibited from unreasonably discriminating against residents of other states (article 4)

Conditions of Aid

Terms set by the national government that states must meet if they are to receive certain federal funds.

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal 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.

Civil Rights Act (1964)

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Heart of Atlanta Motel v. United States (1964)

Title of the Civil Rights Act of 1964 for bade racial discrimination by places of public accommodation

Reserved Powers (state)

Under the Tenth Amendment to the United States Constitution, powers that the United States Constitution does not give to the federal government, or forbid to the states, are reserved to the states or the people

Wickard v. Filburn (1942)

a U.S. Supreme Court decision that drastically increased Congress's power to regulate economic activity. The decision set a precedent to permit Congress to use the Commerce Clause in cases indirectly related to commerce. (Federalism/Commerce Clause)

Unitary System / Unitary Government

a centralized government in which all government powers belong to a single central agency

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.

Layer Cake Federalism

federalism characterized by a national government exercising its power independently from state governments., another name for dual federalism

Clean Air Act (1970)

law that established national standards for states, strict auto emissions guidelines, and regulations, which set air pollution standards for private industry.

Grants-in-aid

money given by the national government to the states

Creative Federalism and the Great Society with LBJ

national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally.

Denied Powers

powers the Constitution denies to the national government

Supremacy Clause (Article VI)

states that "the Constitution and the Laws of the United States...shall be supreme law of the land"; basis for ruling state laws invalid

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or Welfare Reform Act

the 1996 federal law that transferred responsibility for welfare programs from the federal level to the state level and placed a five-year lifetime limit on payment of AFDC benefits to any given recipient

Marble Cake Federalism

the theory that all levels of government can work together to solve common problems. Also know as cooperative federalism.

National Voter Registration Act or Motor Voter Registration Act (1993)

this act passed in 1993 and frequently called the "Motor Vehicle Act" is a piece of legislation that includes a provision that makes it possible to register to vote when applying for or renewing your drivers license.