Chapter 4: Federalism

McCulloch v. Maryland

"The Bank Case"; involved the controversial Second Bank of the US. The bank had been chartered by congress in 1816. in 1818, the Maryland legislature, hoping to cripple the bank, placed a tax on all notes issued by its Baltimore branch. James McCulloch refused to pay the tax, and the Maryland courts convicted him for that refusal.

the constitution gives how many powers to congress?

27

Enabling Act

A congressional act directing the people of a United States territory to frame a proposed State Constitution as a step towards admission to the union.

Supremacy Clause

A provision of the US Constitution that states that the Constitution, federal Law, and treaties of the United States are the "supreme Law of the Land."

Federalism

A system of government in which constitution divides power between a central, or national, government and several regional governments. Each of those basic levels of government has its own substantial set of powers. Each level of government operates through its own agencies and acts directly through its own officials and laws.

Act of Admission

Congressional act admitting anew state to the Union

Full Faith and Credit Clause

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

Privileges and Immunities Clause

Constitutions stipulation that all citizens are entitled to certain "privileges and immunities," regardless of their state of residence; no state can draw unreasonable distinctions between its own residents and those persons who happened to live in other states.

Federalism produces a _____ _______ of government.

Dual System- it provides for two basic levels of government, each with its own field of authority, and each operating over the same people and the same territory at the same time.

The Necessary and Proper clause is also called the...?

Elastic Clause- because over time it has been stretched to cover so many different situations.

Extradition

The legal process b which a fugitive from justice in one State is returned to that state.

Project Grant

One type of federal grants-in- aid; made for specific projects to States, localities, and private agencies who apply for them.

Categorical Grant

One type of federal grants-in-aid; made for some specific, closely defined, purpose.

Inherent Powers

Powers the Constitution is presumed to have delegated to the National government because it is the government of a sovereign state within the world community.

Most of what government does in this country today is done by the ______, not by the ___________________

States; national government

Interstate Compact

formal agreement entered into with the consent of Congress, between or among States, or between a State and a foreign state.

Exclusive Powers

those powers that can be exercised by the National Government alone.

Division of Powers

Basic principle of federalism; the constitutional provisions by which governmental powers are divided on an geographic basis (in the US, between the National Government and the States)

Block Grant

One type of federal grant-in-aid for some particular but broadly defined area of pubic policy

Grants-in-aid program

Grants of federal money or other resources to States, cities, countries, and other local units.

Federalism's major strength lies in this central fact:

It allows local action in matters of local concern and national action in matters of wider concern.

The supremacy clause has been called the...?

Linchpin of the Constitution- because it joins the National Government and the States into a single governmental unit, a federal government.

Reserved Powers

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. (10th Amendment)

Expressed Powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated (specific) powers."

Implied Powers

Those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitutional those "necessary and proper" to carry out the expressed powers; see delegated powers, expressed powers.

Concurrent Powers

Those powers that both the National Government and the States possess and exercise.

Delegated Powers

Those powers, expressed, implied, or inherent, granted to the National Government by the Constitution.