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Federalism

Chap. 4 Federalism (Magruder's Amer. Govt. Book)

QuestionAnswer
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
Created by: ciaivelisse
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