GoPo Chapter 4 The Federal System - Stayton A Bell

delegated powers

the powers that the Constitution grants or delegates to the national government

- Federal Government can tax (has the power to tax) and has the power to declare war

expressed powers

- powers directly stated in the constitution

- same as delegated powers, just a technicality

implied powers

powers the government has to carry out its expressed constitutional powers

Article I, Section 8 (Elastic Clause)

gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I

inherent powers

powers the national (federal) government may exercise simply because its a government

reserved powers

powers that belong strictly to the states

concurrent powers

powers that both the national government and the states have

Article 6 Section 2 is called the "supremacy clause". What does it state?

- that the Constitution, Laws passed by Congress, and treaties of the U.S. "shall be the supreme Law of the Land"

- laws and treaties are the "Supreme Law of the Land" when it comes to the federal government

National (Federal) Government's Powers (expressed, implied, and inherent)

- regulate foreign + interstate commerce

- coin money

- provide an army and a navy

- declare war

- establish Federal Courts below the Supreme Courts

- conduct foreign relations

- exercise powers implied from the expressed powers

National and State Powers (Concurrent)

- Levy taxes

- borrow money

- spend for the general welfare

- establish courts

- enact and enforce laws

State Government's Powers (reserved)

- regulate interstate commerce

- establish local government systems

- administer elections

- protect the public's health and welfare

Article I, Section 9 ____________ powers to all levels of the government

enumerates

List two things the National (Federal) Government cannot do:

- can't tax exports

- can't interfere with the ability of states to carry out their responsibilities

List two things that the State governments cannot do:

- can't make treaties or alliances with foreign governments (can't sign foreign treaties)

- can't coin money or grant titles of nobility

List three things that the Constitution obliges the National government to do for the states:

1.) provide each state a republican form of government

2.) protect states from invasion and domestic violence

3.) ensure the territorial integrity (borders) of each state

What is the enabling act?

where a territory writes a Constitution to become a state

- generalization

What is the purpose(s) of the National Governor's Association?

helping governors network (talk to each other) to write state policies and try to influence national policies

List two obligations of the States

- obligations and pay for voting

- amend the Constitution by calling a state convention

Summarize the results of McCulloch versus Maryland on the relationship between the Federal and State governments

all we need to know for this is the supremacy clause and what it is, we don't need to know the case but know how it's significant/important

Supremacy clause

Federal power always trumps or has authority over the state

Article VI of the U.S. Constitution requires the State governments to do one of following three things: (1)

1.) Gives full faith and credit to laws and judicial (court) decisions to each state

Article VI of the U.S. Constitution requires the State governments to do one of following three things: (2)

Privileges and immunities

- out of state contracts are binding, voting registration laws are different in every state, jury duty, in or out of state tuition

Article VI of the U.S. Constitution requires the State governments to do one of following three things: (3)

Extradition

Extradition

returning criminals back to the state where they committed the crime

What does public acts refer to?

giving full faith + credit to laws + judicial (court) decisions to each state

What do records refer to?

giving full faith + credit to laws + judicial (court) decisions to each state

Judicial proceedings refers to __________________________________________ and NOT to criminal law

court actions affecting civil matters

According to the Constitution, "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in several States" guarantees:

Privileges + immunity

What is the extradition clause?

returning criminals back to the state where they committed the crime

What are interstate compacts?

written agreement between 2 or more states

- it must be ok by Congress + the Supreme Court + enforced by the President

The ________________ Court is the only court where states can sue one another

U.S. Supreme Court

What is one example of the Supreme Court and States suing each other? (1)

1.) Water rights in the western states

What is one example of the Supreme Court and States suing each other? (2)

2.) Sewage pollution

The debate was between the proponents of states' rights which favors ______ and __________ actions, against the nationalist position

- state and local actions

What does the nationalist position favor?

the national or federal actions

Briefly summarize the States' Rights Position:

- states created federal government + empowered it with certain powers

- states are more important than the federal government

- if there is any arguments the power goes to the states

- states better reflect the will of the common people better than the federal government

- ex: abortion

Briefly summarize the Nationalist Position

Federal Government (National, Washington D.C.) is never subordinate or beneath the states because of the Supremacy Clause

In 1819 the case of ___________ vs. ______________ helped strengthen the Nationalist cause

McCulloch vs. Maryland

What also helped strengthen the case of McCulloch vs. Maryland relating to the Supreme Court?

the Supreme Court decisions support for FDR's New Deal during the Great Depression

The National Government has grown in authority due to the following three areas:

1.) War Powers

2.) Commerce Powers

3.) Taxing Powers

War Powers

- gives Congress the power to wage war

- a strong federal government needs strong + united military at home + abroad

Commerce Powers

Expanded the Federal Government to control trade

When Commerce Powers expanded the Federal Government to control trade, what did they control? (4 of them)

- production

- buying + selling

- transportation

- legislation

List 2 ways that the Federal Government gives AID to the States:

1.) Federal grants - fed. gov. gives $ for roads, airports

2.) Federal Government can mandate states and local government to mandate state policies; ex: speed limits

What are preemption laws?

laws passed by Congress and Federal Courts can force any state or local government to stop behavior that conflict with Federal Law

What are some examples of preemption laws?

- 1990 Nutritional + Education Act

- Americans with Disabilities Act (ADA)

- Environmental standards

- 2002 No Child Left Behind Act

- Minority Protection

A policy is:

a plan including general goals and procedures

What is a sunset law?

periodic check on a law or agency to see if it is still needed

sunshine law

public is allowed to attend government meetings

Federalism makes it possible for...

different political parties can be victorious in state, local, and federal elections

What does Federalsim also lessen the risk that...

It also lessens the risk that one party will have a monopoly

A citizen can choose to: (1)

run for local office or not

A citizen can choose to: (2)

lobby state or federal governments

A citizen can choose to: (3)

campaign for candidates running for office

How does federalism allow for political and economic diversity among the states? (1-2)

1.) regulate business and industry

2.) some states spend more on health services than others

How does federalism allow for political and economic diversity among the states? (3-5)

3.) some states have stricter laws and punishments

4.) some have higher taxes than others

5.) some states have better school ranking than others

Government control of immigration is an example of

implied powers

This makes the acts and treaties of the US superior to those of the states

supremacy clause

This power is denied to the national government by the Constitution.

tax exports

This is a Constitutional obligation of the national government to the states.

protect states from invasion

This is a constitutional obligation of the states to the national government

pay for all federal elections

Laws relating to disputes between individuals, groups, or with the states are called

civil laws

This is an important way for states to deal with regional problems

interstate compacts

Interstate compacts must be agreed to by the states involved and approved by

Congress

The Constitution requires states to settle their disputes without

the use of force

This is the only court in which one state may sue another

the Supreme Court

This president endorsed "the new federalism"

Ronald Reagan

The No Child Left Behind Act is an example of

preemption

Congress passed the Civil Rights Act of 1964 under its power to

regulate interstate commerce

This provision gave Congress the right to tax incomes

the Sixteenth Amendment

The nationalist position was first endorsed by the Supreme Court in

McCulloch v. Maryland

The course of action a government takes in response to an issue or a problem is called

public policy

This law prohibits public officials from holding meetings not open to the public

sunshine law

This lessens the risk of one political party gaining a monopoly on government power.

federalism

this organization was formed to help local politicians keep in touch with national lawmakers.

United States Conference of Mayors

Federalism contributes to economic and political differences among the states because it

permits each state freedom