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H. Gov't Chp 4
Magruder's American Gov't Book. Chp 4: Federalism
| Question | Answer |
|---|---|
| Reasons for Federalism (3) | Gov't power poses threat to indiv liberty, Gov't must be withstrained, gov't power must be divided to avoid corruption |
| Federalism | Written constitution divides power of central gov't and state gov'ts |
| Delegated Powers | Power given to National Gov't by Constitution |
| 3 Types of Delegated Powers | Expressed, Implied, Inherent |
| Expressed | Power spelled out in Constitution specifically for Nat Gov't |
| Examples of Expressed POwers | Collect taxes, coin money, regulate trade, declare war, make army, fix standards of measurement, grant patents and copyrights (A1 S8 C1-17) |
| Implied Power | Not expressly stated in Const but implied by expressed powers |
| Examples of Implied Power | Building of highway system, federal crimes, racial descrimination (A1 S8 C18) |
| Inherent Powers | Belong to National Gov't bc it is gov't of a sovereign state; historically possessed powers |
| Examples of Inherent Powers | Regulate immigration, acquire territory, protect nation against rebellion |
| Powers Completely Denied to Federal Gov't | Powers to levy duties on exports, prohibit freedom of religion, speech, press, assembly, illegal search and seizure, deny trial |
| Amendment 10 | All power not specifically given to National Gov't given to states |
| Reserved Powers | Powers that are not given to National Gov't and not denied to states |
| Examples of Reserved Powers | No marriage of people under 18 without parental consent, no people under 21 can buy liquor, outlaw prostitution, require drs, lawyers, etc to have a license, public schools |
| Powers denied to states | Cannot enter treaties, print/coin own money, tax National gov't |
| Exclusive Powers | Powers given to national Gov't Alone |
| Examples of Exclusive Powers | Coin money, regulate trade, army, declare war, govern US territories, admit new states, conduct foreign relations |
| Concurrent Powers | Power shared by National Gov't and State |
| Examples of Concurrent Powers | Levy and collect taxes, define crimes and set punishments, take private property for gov't use |
| 3 Levels of Power | National-State-Local |
| Supremacy Clause | Constitution is supreme law of the Land |
| McCulloch v Maryland | Maryland wanted to tax 2nd Continental Bank of America- established that National gov't holds authority over states |
| Nation's Obligations to State | Guarantee republican form of gov't; protect states from Invasion, respect territorial integrity |
| Admission of New States | Only Congress can admit new states to the Union |
| Enabling Act | Act directing people of territory to frame a state constitution- if Congress likes the Const, move on to Act of Admission |
| Act of Admission | Act of creating a new state |
| Conditions of Admission | Before admitting new state, Congress often sets certain conditions Ex: Utah had to outlaw plygamy |
| Grants-in-aid programs | Grants of federal money to states and/or local units Ex: Education, mass transit, highways, health care |
| 3 Types of Grant | Categorical, Block, and Project |
| Revenue Sharing | Congress gave annual share of huge federal tax revenues to States; virtually no strings attatched |
| Categorical Grants | Made for a specific purpose; strings attatched |
| Strings attatched in Categorical Grants (4) | 1. Use for intended purpose onlys 2. Make own monetary contribution 3. Provide agency to administer grant 4. Obey set of guidelines |
| Examples of Categorical Grants | School lunches, construction of airports or wastewater treatment plants |
| Block Grants | Much more widely defined purposes; far fewer strings attatched |
| Examples of Blokc Grants | Health care, social services, welfare |
| Project Grants | Grants made for specific projects at State, local, or even private agency levels |
| Examples of Project Grants | Department of Health and Human Services makes grants for research on cancer, neurological disease, etc. Job training programs |
| Lulu Payments | federal money that goes to local gov'ts in areas with large federal landholdings; direct payments in place of property taxes |
| States Aid to national gov't | Handle elections, naturalization, local law enforcement |
| Interstate Compacts | Agreements between states and other states and foreign nations (but not official treaties, alliances, etc) |
| Examples of Interstate Compacts | New York and New Jersey harbor facilities; sharing of law-enforcement data; compacts over resources-especially water; public universities |
| Public Acts | Laws of a state |
| records | Such documents as birth certificates, marriage licenses, deeds to properties, car registrations, etc. |
| judicial Proceedings | Outcome of court actions: damage awards, proving of wills, divorce decrees, and so forth |
| Full Faith and Credit Clause | A court in one state will recognize and respect the validity of a court ruling in another state |
| Exceptions to Full Faith & Credit Clause | Criminal law (but can apply to civil law), "quickie" divorces (Williams v North Carolina) |
| Extradition | Legal process by which a fugitive from one state is returned to that stae |
| Privileges and Immunities Clause | No state can draw unreasonable distinctions between its own residents and new people to the state |
Created by:
rachael94
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