Chapter 4 Federalism Terms
Ex Post Facto Law
Latin for "From after the action." This law says that if you committed a crime and then later the law gets changed you don't have to serve the new sentence
Role of the Supreme Court in Federalism
the Supreme Court has the power to resolve conflicts between the nation and the states. For example: the states might pass laws that conflict with the laws passed by the national government. It is essentially a referee.
Expressed Power
powers explicitly granted congress by the constitution. Congress has the power to issue money, pay government debts, regulate trade among states and nations, declare war,and raise and maintain armed forces.
Inherent Power
powers that have been recognized as naturally belonging to all governments that conduct the business of a sovereign nation. The U.S. government has inherent powers because it is a national government. These powers include the power to acquire new territory and to conduct foreign affairs.
Delegated Power
refers to the powers that each branch of government has which was passed down by the Congress. These powers include the right to maintain a navy and the right to tax
Federalism
sharing of power between national and state governments
Privileges and Immunities Clause
specifies that citizens of each state should receive all the "privileges and immunities" of any state in which they happen to be.This clause prevents states from discriminating against the citizens of other states. Exceptions with this clause would be because of college tuition (in state vs out of state) This ensures, for example, that a New Yorker living in or visiting the state of North Carolina will pay the same sales tax and enjoy the same police protection as North Carolinians do.
16th Amendment
the Supreme Court has the power to resolve conflicts between the nation and the states. For example: the states might pass laws that conflict with the laws passed by the national government. It is essentially a referee.
Full Faith and Credit Clause
Article 4 of the Constitution; The provision of the constitution that requires each state to honor the public acts, official records, and judicial proceedings of every other state; ensures that extradition can take place, meaning a contract that has been signed in one state must be recognized and honored by officials in other states. Ex: driver license and marriage license
Idea of Federalism
Came from European Philosophers
National Governments Role in Protecting the States
National defence is the priority job of the national government. Article One, Section Eight of the Constitution lists 17 separate powers that are granted to the Congress. Six of those powers deal exclusively with the national defense—far more than any other specific area of governance—and grant the full range of authorities necessary for establishing the defense of the nation as it was then understood. Congress is given specific authority to declare war, raise and support armies, provide for a navy, establish the rules for the operation of American military forces, organize and arm the militias of the states, and specify the conditions for converting the militias into national service. Section Four states that the "United States shall guarantee to every State a republican form of government and shall protect each of them against invasion." In other words, even if the federal government chose to exercise no other power, it must, under the Constitution, provide for the common defense. The states gave up their war making powers and in return were promised defense by the U.S. Military, example: Pearl Harbor.
State and Local Governments
Powers not granted to the federal government are reserved for states and the people, which are divided between state and local governments. All state governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. Constitution guarantees republican form of government to all state governments and local governments.
Grant in Aid
include money and other resources that the national government provides to pay for state and local activities
Supremacy Clause
declares that the constitution is the supreme law of the land. States cannot pass laws contrary to the US constitution. If a state sues another state the U.S. Supreme Court will immediately hear the case.
Federal Mandates
demands on states to carry out certain policies as a condition of receiving grant money
Dual Federalism
divided sovereignty, it is 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."layer cake federalism". From 17901930.
Cooperative Federalism
era of federalism during which Athens national and state government shared functional authority in broad policy areas; AKA Marble Cake Federalism
Reserved Power
not specifically mentioned in the Constitution , but they belong to the states because the Constitution neither delegates these powers to the national government nor prohibits them to the states. State governments have drawn heavily on reserved powers to regulate the health, public safety, morals, and general welfare of their citizens.Some of the states reserved powers include the ability to regulate marriage, form local governments, conduct elections, control public school systems, and establish and enforce criminal laws. States also have the power to regulate businesses operating within their borders and to issue licenses to doctors, lawyers, and even the person you pay to cut your hair.
Elastic Clause
or "Necessary and Proper Clause" It creates the implied powers..... Which help the gov. to carry out the expressed powers. The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. It's used to stretch the powers of congress. Ex: regulating food and drugs; highways
Fiscal Federalism
part of a broader public finance discipline. Fiscal federalism deals with the division of governmental functions and financial relations among levels of government. Deals with movement of money
Implied Power
power assumed by the government that are not specifically listed in the Constitution. In contrast to the expressed powers, implied powers are not specifically listed in the Constitution, but they are logical extensions of expressed powers. The constitutional source for implied powers is the last clause of Article I, Section 8, which is often referred to as thenecessary and proper clause. Reasonably done to carry out the expressed powers.
Concurrent Powers
power to collect taxes. Power held by the national and state governments at same time. This is why when people file their taxes, they file two forms one for the state and one for the national.
Extradition
To make someone return for trial to another country or state where they have been accused of doing something illegal.