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Underpinnings#2

Oneill - Underpinning (federalism)

QuestionAnswer
- What are the full faith and credit and privileges and immunities clauses of Article IV of the Constitution? Article IV requires that states must recognize each other’s laws and legal proceedings, or grant each other full faith and credit. The privileges and immunities clause refers to the fact that states may not discriminate against citizens of other states.
- How are vacancies in the Senate filled? If a senator dies or resigns while in office, the governor of that senator’s home state has the power to appoint a replacement.
- What powers are denied to the government by the Constitution? Article I, Section 9 of the Constitution. suspending the writ of habeas corpus, passing a bill of attainder or ex post facto law, levying taxes on exports, and granting titles of nobility.
- What is the constitutional basis of implied powers? The necessary and proper clause of Article I, Section 8 of the Constitution, also known as the elastic clause, stretches Congress’s powers to make laws that help it carry out its enumerated powers.
- What are three examples of concurrent powers? These are powers shared by the federal and state government. Examples are making laws, power to tax, maintain courts, define crimes, and to appropriate private property for public use.
- What is the difference between categorical grants and block grants? Categorical grants are federal aid that meets the criteria of a specific category and have strings attached. Block grants go to local communities for specific purposes, with fewer strings attached. States have greater control over block grants.
- What is the criticism of unfunded mandates? Unfunded mandates are where states are forced to pay for programs that are required by federal law yet not funded by federal dollars. This forces states to either raise taxes or cut services to citizens.
- What is the devolution revolution? The devolution revolution describes the tendency of the federal government to place responsibility for how grant money is spent in the hands of the states. There is an emphasis on solving problems at the state and local levels.
- What are the differences between categorical grants, block grants, and revenue sharing? Categorical grants are for specific purposes and often require local matching funds. Block grants are devoted to general purposes with few restrictions. Revenue sharing requires no matching funds and allow much greater freedom in spending decisions.
- How did the doctrine of dual federalism develop? Gibbons v. Ogden (1824) reaffirmed the concept of federal supremacy over interstate trade and state supremacy over intrastate trade. This created dual federalism. The national government has subsequently intruded into matters once reserved to states.
- How does Article VI of the Constitution establish the supremacy of the federal government? The court ruled in McCulloch v. Maryland (1918) that federal laws are supreme over state laws, and when a state law comes into conflict with the federal law, the federal law prevails. ( as stated in Article VI)
Created by: oneillp