Supremacy Clause, Government, Constitution, National, State, Economic Development
The key terms of this chapter include US Government, US Constitution, National, Supremacy Clause, State, Economic Development, Federal, Amendment, Congress, Power,
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Tenth Amendment
Amendment stating that the powers not delegated to the federal gov. are reserved to the states
unfunded mandates
Actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required.
unitary governments
A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments.
United States v. Lopez
1995 – The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.
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.
grants-in-aid system
a giving of federal funds to a state or local government to subsidize a public project
Kelo v. New London
eminent domain case; local govt may force the sale of private property and make way for private economic development when officials decide it would benefit the public
loose construction
Belief that the government can do anything that the Constitution does not prohibit but does imply
mandate
An official order or commission to do something; may be funded or unfunded
McCulloch v. Maryland
– An important decision of the Supreme Court in 1819 that established the key concepts of implied powers, broad construction of the Constitution, and supremacy of the national government
national supremacy
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government prevail.
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
nullification
The doctrine that a state can declare null and void a federal law that, in the state’s opinion, violates the Constitution.
regulated federalism
A form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards
reserved powers
Powers not specifically granted to the federal government or denied to the states belong to the states and the people; powers reserved for the states
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.
state compact/contract
an agreement among two or more states . congress must approve most such agreements
strict construction
A judicial philosophy that looks to the “letter of the law” when interpreting the Constitution or a particular statute; exactly as it is written
supremacy clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Tenth Amendment
Amendment stating that the powers not delegated to the federal gov. are reserved to the states
unfunded mandates
Actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required.
unitary governments
A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments.
United States v. Lopez
1995 – The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.