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States Rights
Powers of the National Gov't
Supreme Court & Federalism
Origins of Federalism
Fiscal Federalism
100
This constitutional provision explains that the states have created rights outside the control of the national government.
What is the 10th Amendment
100
These powers are said to belong to the national government by virtue of the fact there is a national government.
What are the inherent powers.
100
In this Supreme Court case, the national government's power was expanded based upon an expansionist reading of the commerce clause.
What is Gibbons v. Ogden.
100
In this famous document, James Madison stated that power surrender by the people is first divided between two distinct governments, and then ... subdivided among distinct and separate departments.
What is Federalist 51
100
The pattern of spending, taxing, and providing grants in the federal system.
What is Fiscal Federalism
200
This clause ensures that judicial decrees and contracts made in one state will be enforceable in another.
What is the Full Faith and Credit Clause
200
In spite of its explicit language in Article VI, the meaning of _________ has been open to judicial interpretation.
What is the Supremacy Clause
200
The Supreme Court in this opinion issued its first major check against Congress's power over interstate commerce, reaffirming the Founder's notion of a national government ruling with only enumerated powers.
What is US v. Lopez
200
This was the first constitution ever established in America that gives states the major policy-making powers over the central government.
What are the Articles of Confederation
200
Federal Grants that can be used for specific purposes (these have strings attached).
What are Categorical Grants.
300
This clause helps unify states by assuring that all citizens are treated equally when they travel from state to state (Article IV, Section 2)
What is Privilege and Immunities Clause
300
The _________gave the national government the power to tax, coin money, regulate commerce and provide a national defense.
What are enumerated powers?
300
The Marshall Court employed this typed of judicial interpretation when extending congressional power in McCulloch v. Maryland and Gibbons v. Ogden.
What is loose construction or loose interpretation.
300
This clause gives Congress authority to pass laws necessary to carry out its duties as expressed in the Constitution and allows Congress to act on implied powers that are not specifically defined in the Constitution (Article I, Section 8).
What is the Elastic Clause or Necessary and Proper Clause
300
Federal Grants given more or less automatically to support broad programs.
What are Block Grants.
400
Six powers granted by the Constitution to the State Governments.
What are Establish local governments, regulate commerce within a state, conduct elections, ratify amendments to the Federal Constitution, protect the public health, safety, and morals, and exert powers the Constitution does not delegate to the national government or prohibit the states from using.
400
This Supreme Court case gave the national government increased power by developing the doctrine of implied powers and supremacy clause.
What is McCulloch v. Maryland
400
This type of Federalism uses a narrow interpretation of national government powers.
What is Duel Federalism
400
In this system of Government, states derive their authority from the central government.
What is a unitary government.
400
These require states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
What are Mandates.
500
Five powers denied by the Constitution to the State Governments.
What are Tax imports and exports, coin money, enter into treaties, impair obligations or contracts, abridge privileges or immunities of citizens or deny them of due process (14th Amendment).
500
The National government's attempt to force the states to implement policy they want—for example, laws like the Clean Air Act and American Disabilities Act are both examples of _________.
What are Mandates.
500
In Miranda v. Arizona, the Court incorporated the 5th and 6th amendments through the 14th amendment's due process clause to apply to the states. This uniformity of the law and increased national power existed under what type of federalism?
What is cooperative federalism or marble cake.
500
This Article in the Constitution states that the national government will always be supreme in situations of conflicts between states and national government.
What is Article VI?
500
These are requirements on state and local governments but no money is provided.
What are Unfunded or Underfunded Mandates.