Federalism Test

02/13/2025

Federalism

The division of power between states and a central government.

Federal government

A word that refers to the central government.

Expressed powers

Powers specifically stated in the Constitution, primarily associated with Congress.

Implied powers

Powers not expressly stated in the Constitution but are required to carry out expressed powers.

Necessary and Proper Clause

A clause allowing Congress to make laws deemed 'necessary and proper' for executing its expressed powers.

Civil Rights Act of 1964

Legislation that prohibited racial discrimination, illustrating the use of implied powers by Congress.

Concurrent powers

Powers that are shared by both the federal government and state governments.

Reserved powers

Powers that are not given to the federal government and are kept by the states or the people.

Confederal government

A form of government in which independent states retain most of the power, with a weak central authority.

Unitary government

A system of government where all power is held by a central authority, with no independent power for states.

Elastic Clause

Another name for the Necessary and Proper Clause.

Federalism debate

Ongoing discussions about the balance of power between the federal government and the states.

9th amendment

An amendment in the bill of rights, that provides rights people, even if they were not stated in the constitution.

Taxation Power of Congress

The power granted to Congress to lay and collect taxes for the nation's defense and welfare.

Commerce Regulation

The authority of Congress to regulate trade with foreign nations and among the states.

Naturalization Laws

Laws established by Congress to create a uniform process for granting citizenship.

Post Offices and Roads

Congress's authority to establish and maintain postal systems and infrastructure.

Inferior Court Power

The power to create lower courts below the Supreme Court.

Raise and Maintain Military Forces

The power of Congress to raise and maintain military forces with funding limitations.

Exclusive Legislation

Congress's power to exercise legislative authority over the District of Columbia and other specified areas.

Enumerated Powers

Powers explicity stated in the constitution (mainly relating to Congress), some examples include the powers to: regulate commerce, and declare war.

Concurrent Powers

Powers shared by both the federal government and state governments, such as taxation, borrowing money, and creating court systems.

Reserved Powers

Powers not granted to the federal government but reserved for the states or the people, including regulating elections and establishing local governments.

Coin and Print Money

An enumerated power of Congress to coin currency and establish its value.

Declare War

An enumerated power that gives Congress the authority to formally declare conflict against another nation.

Manage Relations with Foreign Nations

An enumerated power concerning Congress's authority to engage and manage diplomatic relations.

Punish Counterfeiters

An enumerated power allowing Congress to establish laws against counterfeiting U.S. currency and securities.

Establish Systems of Patents and Copyrights

An enumerated power that secures exclusive rights for authors and inventors.

Standard Weights and Measures

An enumerated power allowing Congress to establish consistent measurements for trade.

Naturalization Requirements

• Be at least 18 years old.

• Have been a lawful permanent resident for at least five years.

• Demonstrate good moral character.

• Read, write, and speak English.

• Pass a test on American history and the U.S. Constitution.

• Swear an oath of allegiance to the United States.

• Be of good moral character.

Create Local Governments

A reserved power that allows states to establish and organize their local governmental structures.

Provide Health, Safety, and Education

A reserved power where states ensure the well-being and educational services of their residents.

Ratify Amendments to the Constitution

A reserved power allowing states to approve changes to the U.S. Constitution.

Florida Constitution

Similar to the US Constitution, it provides a framework for government, defines government powers, and protects individual rights.

Florida Declaration of Rights

The first article of the Florida Constitution, analogous to the Bill of Rights, guaranteeing freedoms such as religion, speech, and assembly.

Florida State Legislature Government

The legislative branch of Florida's government, consisting of the House of Representatives (up to 120 members) and the Senate (up to 40 members).

Governor of Florida

The chief executive of the state who can veto legislation, command the state militia, and grant pardons.

Levels of State Judicial Courts

1. State Supreme Court.

2. District Courts of Appeals

3. Circuit Courts.

4. County Courts

   (Highest to Lowest)

Florida Legislative Process

The Florida Legislature can propose amendments requiring a 3/5 vote; adoption requires a 60% voter approval, or 66.7% for tax amendments.

Local Government Types in Florida

Are counties and municipalities. (which are responsible for services like public schools, parks, and emergency services).

County Government

The largest unit of local government in Florida, with elected officials like sheriff, tax collector, and county commissioners.

Municipal Government

Local governments formed within counties and independent from them, often organizing as city councils or commissions.

Florida School Boards

Elected boards that manage public school districts, setting tax rates and supervising schools within their jurisdictions.

Responsibilities of State Government

Includes regulating industries, maintaining highways, and overseeing licenses for professions within the state.

Government Service’s Levels

National, state, and local governments. (Which all offer overlapping services, including courts, enforcement, and maintenance of parks)

Amendments to Florida Constitution

Can be proposed through various methods including voter initiatives and legislative approval, subject to stringent adoption criteria.

Writ of Habeas Corpus

A guarantee in the Florida Declaration of Rights allowing individuals the right to seek relief from unlawful detention.

Double Jeopardy

Protection in the Florida Constitution that prevents an individual from being tried twice for the same crime.

Impartial Jury

A jury that is unbiased and fair, ensuring that the defendant receives a fair trial as guaranteed by the Sixth Amendment of the U.S. Constitution. It is also in the Florida Declaration of Rights.

No Ex Post Facto Laws

An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed before the law was passed. These laws are prohibited by the Constitution, ensuring that individuals cannot be punished for actions that were legal at the time they were performed.

Cabinet of Florida’s Executive Branch

Consists of elected officials including the Attorney General, Chief Financial Officer, and Commissioner of Agriculture.

10th Amendment

A constitutional amendment that specify that powers not granted to the federal government are reserved for the states or the people.

Supremacy Clause

Article VI clause establishing that federal law takes precedence over state law.

Concurrent Powers

Powers shared by both federal and state governments, such as taxing and enforcing laws.

Article IV

Section of the Constitution explaining the relationships and interactions among states and the national government.

Section 1 of Article IV

Requires states to recognize the legal decisions and public records of other states.

Section 2 of Article IV

Prohibits states from discriminating against citizens of other states.

Section 3 of Article IV

Allows Congress to admit new states into the Union.

Section 4 of Article IV

Ensures that the national government protects each state's representative government.