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Federalism
Chap. 4 Federalism (Magruder's Amer. Govt. Book)
Question | Answer |
---|---|
Federalism | Govt. where constitution divides the powers of govt. on territorial basis between central/national & states/provinces. |
Delegated Powers | National govt. only has powers granted to it in the constitution |
Expressed Powers | National govt. has powers written/spelled out from the constitution |
Implied Powers | not stated, but resonably suggested powers |
Necessary & Proper Clause, "Elastic Clause" | To make all laws which shall be necessary and proper for carrying into execution the foregoing powers (grey area, govt. can do what they think is right) |
Inherent Powers | powers not expressed, but historically possessed |
Reserved Powers | 10th amendment, constitution does not grant powers but does not deny them |
Exclusive Powers | powers exercised by national govt. only, no states can use these powers |
Concurrent Powers | both national & state govt. posses these powers |
Supremacy Clause (Top Power) | Constitution |
Full Faith & Credit Clause | full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. |
Exception To Full Faith & Credit Clause | Only applies to civil law, cannt enforce each states criminal laws & not needed to grant certain divorces. |
Extradition | Legal Process by which a fugitive from justice in one state is returned to that state. designed to prevent fleeing fugitives. |
Some Privileges & Immunities listed by the courts.. | 1.Use its courts 2.travel/become a resident 3.Buy/sell/rent/own property 4.marry within its borders |
Privileges & Immunities Clause does NOT apply to.. | 1.residency to vote 2.holding office 3.college tuition cost 4.hunting licenses 5.license to practice law/medicine |
Some Powers Granted To The States | 1.regulate trade w/in a state 2.set up local govt. 3.regulate marriage & divorces 4.regulate gambling |
Powers Granted To National Govt. | 1. make treaties 2.declare war 3.coin money 4.naturalize citizens 5.grant copyrights |
Some Concurrent Powers | 1.collect taxes 2.enforce laws 3.define crimes 4.raise an army |
Powers Denied To Congress | 1.no direct taxes 2.interfere w/ states to carry out their rights |
Powers Denied To States | 1.coin money 2.tax exports 3.enter into treaties |
Powers Denied To Both | 1.deny rights to the accused 2.deny freedom of religion or speech 3.pass bills of attainder |