Federal Government Division of Power

McCulloh v Maryland

1819. case involves a state trying to tax the bank of US. Holding:Supremacy clause established, federal government is supreme over the states. Ruled bank of US is constitutional

Brown v Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Engel v Vitale

1962: Prohibited state-sponsored recitation of prayer in public schools by virtue of the 1st Amendment's Establishment Clause and the 14th Amendment's Due Process Clause.

habeas corpus

A court order requiring authorities to bring a prisoner before the court so that the court can determine whether the prisoner is being held legally.

revenue sharing

A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.

ex post facto law

A law that would allow a person to be punished for an action that was not against the law when it was committed

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.

bill of attainder

A legislative act finding a person guilty of treason or felony without a trial

reciprocity

A situation in which two parties provide the same help or advantages to each other (for example, Producer A living in State A can transact business as a nonresident in State B if State B's resident producers can transact business in State A).

nationalism

A strong feeling of pride in and devotion to one's country

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.

states' rights

According to the compact theory of the Union the states retained all powers not specifically delegated to the central government by the Constitution.

eminent domain

Allows the govt to take property for public use but also requires the govt to provide just compensation for that property

elastic clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

loose construction

Belief that the government can do anything that the Constitution does not prohibit

militia

Civilians trained as soldiers but not part of the regular army

necessary and proper clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

full faith and credit clause

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

apportionment

Distribution of representatives among the states based on the population of each state

block grant

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 grant

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.

interstate compact

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

grant-in-aid

Money provided by one level of government to another to be spent for a given purpose

concurrent powers

Powers held jointly by the national and state governments.

reserved powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people

implied powers

Powers not specifically mentioned in the constitution

delegated powers

Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.

Miranda v Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

inherent powers

The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government

redistrict

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

gibbons v ogden

This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce. Marshal's decision, in 1824, was a major blow on states' rights.

secede

To formally withdraw from the union

Plessy v ferguson

a 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal

Gideon v Wainwright

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Mapp v Ohio

a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.

comity clause

state must give an out of state traveler the same rights as they would a citizen

Tinker v Des Moinse School District

the U.S. Supreme Court extended the First Amendment's right to freedom of expression to public school students. The ruling, which occurred during the Vietnam War, granted students the right to express their political opinions as long as they did not disrupt the classroom. The Court made clear that public school administrators and school boards could not restrict First Amendment rights based on a general fear of disruption.

prohibited powers

the powers that are denied to the federal government, the state government, or both; also called restricted powers

strict construction

way of interpreting the Constitution that allows the federal government to take only those actions the Constitution specifically says it can take