AP Government chapter 3

The necessary and proper clause gave rise to the implied powers through directly expressed enumerated powers. Congress was able to take the enumerated powers and find other powers that are included, called the implied powers

How did MuCulloch v Maryland shape the development of enumerated powers of the national government? (Short answer)

The state of Maryland (tried to tax national bank) and James McCulloch (In federal government)

Who were the important people in the case, MuCulloch v Maryland? (Short Answer)

James McCulloch and the national government won the case and it was decided that because of the necessary and proper clause. Because of the implied powers that come from the enumerated powers, congress could establish a national bank and states could not tax the national bank. The enumerated power that they used to create this was interstate commerce. The necessary and proper clause allowed for the implied power in the creation of the national bank.

What was the outcome of MuCulloch v Maryland? (Short answer)

Necessary and Proper Clause: the implied powers come from the enumerated powers
Supremacy clause: the states could not tax the federal bank because the federal govt is above all other governments. The Government is able to set up a national bank and the states cannot tax it.

What standard did MuColloch v Maryland set? (Short answer)

state governments

who possesses the reserved powers? (compare and contrast)

Provide education
Regulate land use
Regulate charities
Regulate banks and credit
Protect Property rights
Establish insurance laws
Establish criminal laws

What are specific reserved powers (name 5)? (Compare and contrast)

It gives the states power so that the national government does not get full authority; gives the state a distinct voice in the makeup and priorities of the national government

What are the reserved powers importance in society? (Compare and contrast)

Congress

Who possesses the enumerated powers (compare and contrast)

-Declare war
-Make Treaties
-Raise and support armies
-Coin and regulate money
-Admit new states to the union
-Lay and collect taxes for the common defense and general welfare
-Punish the coutnerfeiting of money

what are specific enumerated powers (name 5)? (compare and contrast)

1789-1932
- the relationship between the national and state govts
- two levels that are functioning independently from eachother to address their own distinct constitutional responsibilities

Cake: layered cake, you can easily separate the icing from the cake just like how you can easily separate the state from the national government

What is the background and function of Dual Federalism? (Essay 2)

Happened because of the great depression
- the two levels of government work together to address domestic matters reserved to the states
- Government gave Grants-in-Aid to the states to help them; TVA helped give jobs and aid to the Tennessee valley which was going under despair at the point

What is the function and background of Cooperative Federalism (Essay 2)

1963-1969
-force state and local govts to implement a particular national policy
-The national government was forcing the state governments to follow laws and initiatives that the government was giving out.
-Nixon came into power and used devolution to return some if the powers back to the states

What is the function and background of Centralized Federalism (Essay 2)

What we have now as a government
-conflicting elements of dual, cooperative, and centralized federalism
-No Child left behind act; the national government told the state governments that they had to give standardized tests

CAKE: Marble cake; vanilla and chocolate are intermixed and you cannot easily separate the state and national governments

What is the background and function of Conflicted federalism (Essay 2)

confederal systems

when independent sovereign governments agree to cooperate on specified matters

Unitary systems

When the Centralized government is sovereign

federal systems

dual sovereignty; sovereign national government that can modify the sovereignty of the state governments; constitution has authority over all

concurrent powers

Powers that are shared between the state and federal government;

Necessary and Proper Clause

the congress is able to find laws that are implied in the enumerated powers to help with a necessary issue at the time. Also known as the elastic clause

Implied powers

powers that come from the enumerated powers

Reserved powers

powers that were reserved and given to the states; comes from the 10th amendment

McCulloch vs Maryland

Case between James McCulloch and the state of Maryland. Set up the necessary and proper clause and the supremamcy clause. The govt wanted to set up a national bank but Maryland tried to tax the national bank. McCulloch ended up winning and Marylands tax got struck down; national law overides conflicting state law

Gibbons vs Ogden

broadened the definition of commerce

Horizontal Federalism

the relations between the states

Full faith and Credit Clause

Under article 4; documentation that each state recognizes; drivers license, marriage license

Conflicted Federalism

type of federalism that we currently have

Dual Federalism

type of federalism that we began with

16th Amendment

Income tax; enhance the national governments ability to gain revenue

17th Amendment

Direct election of US Senators; took influence away from state governments

Fiscal Federalism

relationship of finances between the national and state governments

Categorical Formula grants

most common type of grant-in-aid; a grant of money from the federal govt to state and local governments for a narrow purpose, as defined by the federal governments

Block grants

money granted by the national govt to states or localities

Mandates

portions of federal laws that require state and local govts to do something (funded: national govt pays and unfunded: state and local must pay)

Preemption

constitutionally based principle that allows a national law to supersede state or local laws

Provide education
Regulate land use
Regulate charities
Regulate banks and credit
Protect property rights
Establish insurance laws
Establish criminal laws

What are the state powers? (name 5)

power to tax
borrow money
make laws
establish courts

List some concurrent powers?

Confederal (King George)
Unitary (AOC)
Federal (Constitution)

Chronological order that the colonists fell under the systems (Conferderal, unitary, federal systems)

National
state
local
county
school district

Wha tare the 5 levels of government that we are under