Constitutional Supremacy
Article One lists the organization and powers of what branch of government
What is the legislative branch?
A term meaning powers not specifically listed in the constitution, but needed to carry out the duties of government
What is Implied powers?
a system under which states and the national government each remain supreme within their own spheres
What is Dual (or Layer Cake) Federalism?
Grants that can be used only for specific purposes of state and local spending.
What are Categorical Grants?
All states are equal in this individual section of the legislative branch
What is the Senate?
Article VI clause that makes the Constitution/national government take precedence over any state law (when consistent with the Constitution), and all treaties
What is Supremacy Clause?
The "necessary and proper" clause is sometimes called this
What is the Elastic Clause?
This kind of federalism involves the pattern of spending, taxing, and providing grants in the federal system, while also granting more power to states in administering federal programs
What is New Federalism? (Fiscal Federalism)
Grants to support broad programs in areas such as community development and social services.
What are Block Grants?
Article IV, section 1 of the constitution forces the states to give this to the public acts, records, and civil judicial proceedings of every other states.
What is full faith and credit?
The constitution directly refers to "federalism" in this section of the constitution
Trick Question! It never refers to it!
This event took arguments over federal power to an unprecedented level, including, but not limited to, physical violence. It's end firmly established federal power as supreme to state's rights.
What is the civil war?
Co-operative (Marble-Cake) Federalism, in which the national and state governments share responsibility for public policies, became the majority system for America during this time period?
What is the 1930's/The Great Depression/The New Deal?
forced states to remodel/renovate existing building to accommodate persons with disabilities--not funded by the federal government
What is the Americans with Disabilities Act?
This is when states are required to return a person charged with a crime in another state for trial or imprisonment
What is extradition?
Advocates of state rights often refer to this section of the constitution, claiming that it means only those powers specifically assigned by the Constitution are useable by the national government.
What is the Tenth Amendment?
National powers expanded after this Supreme Court case defined commerce very broadly, encompassing virtually every form of commercial activity.
What is Gibbons v Ogden?
This type of federalism, popular with republicans since the Reagan administration, has sought to return some powers taken by the federal government back to the states
What is Devolution?
In recent years states have been burdened by these, mandates that require states to spend money to comply with a law of Congress (or, in some cases, a federal court order).
What are underfunded mandates/unfunded mandates?
A clause in Article IV, Section 2, of the constitution grants citizens of each state the same (almost always) privileges of citizens of other states
What is the privileges and immunities clause?
Powers granted to both states and federal government (i.e. taxation)
What are concurrent powers?
In this supreme court case Chief Justice John Marshall wrote that "...the government of the United States, though limited in its power, is supreme within its sphere of action."
What is What is McCulloch v Maryland?
This program, created in the early 2000's, increased federal control of schools via a cooperative fiscal system and a series of mandates. It's not very popular.
What is No Child Left Behind?
Discrimination (by race) by any organization using federal funds was prohibited and resulted in a loss of funds for all programs under this legislation
What is a 1964 Civil Rights Act?
Through interpretation of the commerce clause, this case barred private business from discrimination based on race and increased federal power over interstate commerce
What is Heart of Atlanta Motel v. U.S.?