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Terms in this set (46)
federalism
written in the constitution; a system of government that divides power between the central and state governments- carried out through the division of powers
division of powers
set out in the constitution and the 10th amendment; the powers divided between national and state governments
delegated powers
the government only has the powers granted in the constitution; expressed, implied, inherent
expressed powers
The powers stated in the Constitution that are only granted to the federal government
examples of expressed powers
-the power to lay and collect taxes
-to coin money
-to regulate foreign and interstate commerce
-maintain the armed forces
-declare war
-grant patents and copy rights
implied powers
Powers not specifically mentioned in the constitution, but reasonably suggested
examples of implied powers
congress has the necessary and proper clause or elastic clause, so they can...
-build dams
-build an interstate highway
-decide that steeling, gambling, and kidnapping are federal crimes
-prohibited racial discrimination
inherent powers
powers that belong to the national government because it is the national government of a sovereign state in the world community (not expressed in the constitution but intended)
examples of inherent powers
-Regulate immigration
-deport aliens
-Grant diplomatic recognition to other nations
-Protect the nation
reserved powers
Powers given to the state government alone (the constitution doesn't grant to the fed/nat gov, but don't deny to the states)
examples of reserved powers
-license professionals
-regulate the sale of alcoholic beverages
-conduct local elections
-establish local governments
-establish public schools
exclusive powers
powers that can be exercised by the national government alone (directly stated by the constitution)
examples of exclusive powers
- Coin money
- make treaties with foreign states
- lay taxes on imports
concurrent powers
Powers held jointly by the national and state governments.
examples of concurrent powers
- tax/spend/borrow money
- own
property
- enforce law
- charter banks and cooperations
supremecy clause
the constitution is the supreme law of the land
what are the delegated powers?
expressed, implied, inherent
enabling act
An act directing the people of the territory to frame a proposed state constitution
act of admission
an act creating a new state when congress agrees to statehood after reviewing the proposed consitution
grants-in-aid-programs
grants of federal money or other resources to States, cities, counties, and other local units
categorical grant
money from the fed gov made for a specific purpose (with strings attached)
examples of categorical grants
-school lunches
-wastewater treatment plans
block grant
categorical grants
examples of block grants
-healthcare
-social
services
-welfare
project grant
grants made to states, localities, and sometimes private agencies that apply to them
example of project grants
-money to a research company to study cancer, diabetes, or neurological diseases
interstate compacts
agreements, with the consent of congress, between states and with foreign states
examples of interstate compacts
-new york and new jersey have one that lets them harbor facilities bordering both states
full faith and credit clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
extradition
The legal process by which a fugitive from justice in one state is returned to that state for trial/punishment
privileges and immunities clause
no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States (they can't privilege people from their state)
how is power divided between the federal government and the states?
the Constitution uses federalism to divide the governments powers between the federal government and the individual state governments. The Tenth Amendment tells us that all powers not granted to the federal government are reserved to the states.
according to the constitution, what must the national government guarantee to each state?
The nat gov should guarantee every State a Republican Form of Government and must protect them from invasion and domestic violence.
How do the States work together to preserve the Union?
-interstate compacts
-full faith and credit to the laws
-extradite fugitives
-respect the privileges and immunities of residents of other
states
How are powers divided in a federal system?
power is divided between central and state governments
why are powers left to the states rather than given to the national government?
Powers are given to the states that might change temporary, local things
expressed powers given to the president
Power to act as commander in chief of the armed forces, to grant reprieves and pardons, to make treaties, and to appoint major federal officials.
expressed powers to congress
Power to lay and collect taxes, coin money, regulate foreign and interstate commerce, raise and maintain armed forces, declare war, fix standards of weights and measures, grant patents and copyrights, levy an income tax, etc.
expressed powers to the courts
The judicial power of the United states
describe the process by which a new state can be admitted to the union
A new state may be admitted by first, the territory asks Congress for admission. Then, congress passes an enabling act which directs the people of the territory to frame a proposed state constitution. If congress still agrees to statehood after reviewing the proposed constitution, they pass an act of admission, an act creating a new state. If the president signs the act, the new state enters the union.
what types of conditions may not be imposed by the federal gov on a territory as it becomes a state?
conditions of political nature
cooperative federalism
system in which both federal government and state governments cooperate in solving problems
until 1987, a governor could challenge an extradition order. Under what circumstances was this allowed?
This was exercised usually in cases with strong racial or political overtones, and in cases of parental kidnapping of children involved in custody battles.
according to Puerto Rico v. Brandstad, who can order an unwilling governor to extradite a fugitive?
The federal courts can order an unwilling governor to extradite a fugitive.
under the privileges and immunities clause, what reasonable distinctions can a state make between its own residents and those of other states?
Any state can require that a person live within the state for some time before he or she can vote or hold public office. It can also require some period of residence before one can be licensed to practice law, medicine, dentistry, etc.
what distinctions may a state not draw?
A state cannot try to relieve its unemployment problems by requiring employees to hire in-state residents first.
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