2. Inherent powers 3 point clue 2 point clue 1 point clue Deals with Article 2, Section 1 The issue was brought up between Eugene V. Debs and labor unions Presidential powers?
3. Unitary system 3 point clue 2 point clue 1 point clue A political system Political system where subnational political units dependent on national government’s will Sovereignty is solely in the hands of government
4. “Necessary & proper” clause 3 point clue 2 point clue 1 point clue Article 1, Section 8 Congress can pass all laws to carry out enumerated powers Elastic clause
5. Nullification 3 point clue 2 point clue 1 point clue Theory that James Madison and Thomas Jefferson thought of Action that is used against federal law that violated the Constitution Formal declaration that a law is null and void.
6. Special act charter 3 point clue 2 point clue 1 point clue Power limitation on certain named cities Tells what the named city can and cannot do Charter that denies power of a city
7. McCulloch v. Maryland 3 point clue 2 point clue 1 point clue Supreme Court case that dealt with the refusal to pay tax Conclusion: Chartering national bank was “necessary and proper” Ruling: States cannot tax a federal bank
8. Direct democracy 3 point clue 2 point clue 1 point clue Political system involving all citizens All citizens participate directly by either holding office or making policy. Participatory democracy
9. Referendum 3 point clue 2 point clue 1 point clue Number of required signatures for a popular vote Law can be proposed by a voter’s initiative or legislature Practice of submitting a law to popular vote at election time
10. Mandate 3 point clue 2 point clue 1 point clue Rules/orders Imposed on states; must follow Rules followed as conditions for obtaining federal grants or requirements that states pay costs of certain nationally defined programs
11. Capital grant 3 point clue 2 point clue 1 point clue Type of fiscal federalism Given by government to encourage acquisition of building, land, machines, etc Encourages acquisition of capital assets
12. Implied Powers 3 point clue 2 point clue 1 point clue John Marshall invoked this in McCulloch v. Maryland Exist because it was impossible for the founders to define all the duties and ways the federal government should be used. Those powers authorized by the constitution, while not directly stated.
13. Sovereignty 3 point clue 2 point clue 1 point clue Controversy over this in the states led to the Civil War In Federalism it refers to the power states have that are independent of the national government. In a global context, it is the quality of having supreme, independent authority over a territory.
14. 10th Amendment 3 point clue 2 point clue 1 point clue Congress uses the Commerce clause to counter this. According to this, the united states government only has the power to regulate matters that are specifically delegated to it by the constitution. States Rights Amendment, says that powers not granted to the national government nor prohibited to the states by the constitution, or given to the states or the people.
15. Police Power 3 point clue 2 point clue 1 point clue It is legally considered an inherent power. States can only use this power, when health and safety is involved. The capacity of a state to regulate and enforce orders within its territory.
16. Marble Cake Federalism 3 point clue 2 point clue 1 point clue FDR’s New deal policies started this type of federalism. Also known as Cooperative federalism In this flavor or style of federalism national, state, and local powers are mixed in a cooperative collective way, rather than in equal layers.
17. Reserved Powers 3 point clue 2 point clue 1 point clue Includes education and police protection. Powers ensured by the tenth amendment. These powers refer to the powers not specifically granted to the federal government, which are saved for the states.
18. US v Lopez 3 point clue 2 point clue 1 point clue Supreme court case in 1995 involving federal power. handguns This case limited congress’s power under the commerce clause, and stated that the “gun free school zones act” couldn’t be a ‘Federal law’
19. Initiative 3 point clue 2 point clue 1 point clue A form of direct democracy A vote on a statute, ordinance, or constitutional amendment, by the people Similar to a proposition, or a referendum
20. Revenue Sharing 3 point clue 2 point clue 1 point clue This type of fiscal federalism lost supprt under Ronald Reagan. It was replaced with block grants in small amounts. When the federal government shares a certain percent of its revenue with the state and city governments.
21. Conditions of Aid 3 point clue 2 point clue 1 point clue Federal Rules For example if a state doesn’t have a no texting while driving law highway funds may be withheld. The ‘conditions’ that states have to meet in order to receive federal grants.
22. Delegated Powers 3 point clue 2 point clue 1 point clue John Marshall invoked this in McCulloch v. Maryland These powers include the power to declare war, coin money, conduct foreign policy, regulate interstate commerce, and establish &enforce laws. Powers given specifically to the federal government; enumerated powers
23. Confederation 3 point clue 2 point clue 1 point clue Form of govt. the US was under 1776-1787 Under the Articles of Confederation System of govt. when power is held by independent states or local govts.
24. Layer Cake Federalism 3 point clue 2 point clue 1 point clue New kind of federalism, developed after Civil War System of “no interactions” and an “autonomous relationship” between natl. and state govts. Opposite marble cake federalism
25. Gibbons v. Ogden 3 point clue 2 point clue 1 point clue 1824 Supreme Court case under John Marshall Associated with Article 1, Section 8, Clause 3 of the Constitution Established Congress had sole authority over interstate commerce.
26. Block Grant 3 point clue 2 point clue 1 point clue Form of fiscal federalism, reduced under Reagan and Bush administrations Welfare reform is example, implemented during Clinton’s admin. Money from natl. govt. for programs in certain general areas that the states can use @ their discretion.
27. Fiscal Federalism 3 point clue 2 point clue 1 point clue Type of federalism characterized by major programs, such as categorical and block grants, revenue sharing, and mandates. General framework for assignment of functions to the diff. levels of govt. & appropriate fiscal instruments for carrying out these functions. Constitutes set of guiding principles that helps in designing financial relations between the natl. and subnatl. Levels of govt.
28. Federalist No. 46 3 point clue 2 point clue 1 point clue James Madison wrote that state and federal govts., “are in fact but different agents and trustees of the people, constituted with diff. powers” in this work Signed under the name Publius One of the essays of the Federalist Papers .
29. Dillon’s Rule 3 point clue 2 point clue 1 point clue Sometimes called a rule of statutory construction Result of Judge Dillon’s (Chief Justice of Iowa Supreme Court) strong distrust in local govts. Used in interpreting state law when there is a question of whether or not a local govt. has a certain power, usually interpreted narrowly
30. Recall 3 point clue 2 point clue 1 point clue Procedure in effect in over 20 states As part of the formal process, signatures are needed for a petition Process by which voters can remove an elected official from office.
31. Home Rule Charter 3 point clue 2 point clue 1 point clue Charter that reverses Dillon’s Rule System of govt. that can be reformed or even abolished. Charter that allows a city govt. to do anything that it is not prohibited by the state law or Constitution.
