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Civics > Article 4- Federalism > Flashcards

Article 4- Federalism Flashcards

0
Q

Who did states send to write the Declaration of Independence?

A

Delegates from that state

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1
Q

What is article 4 about?

A

Federalism and the allocation of sovereignty

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2
Q

Who has exclusive and concurrent powers?

A

The regional government

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3
Q

What are delegated powers?

A

Powers given by states to the national government

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4
Q

Can a state get a delegated power back?

A

No once they’re giving away their gone unless the national government does not want it anymore

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5
Q

What powers does the national government have?

A

Implied and inherent powers

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6
Q

What is article 6 state?

A

The Constitution and laws of the United States are superior to state laws

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7
Q

What article says that the Constitution and the laws of the United States are superior to state laws?

A

Article 6

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8
Q

What is always superior to state governments?

A

Federal government

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9
Q

What are reserved powers?

A

Powers that states don’t give away, and powers that the national government does not have

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10
Q

What are examples of reserved powers?

A

Deciding the drinking age, marriage age, divorce laws, driving laws, etc.

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11
Q

What does amendment 10 Say?

A

Even though there are delegated and reserved powers, not everything is covered. There’s an unwritten list of reserved powers. State powers cannot be denied

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12
Q

What amendment says that there’s an unwritten list of reserved powers?

A

The 10th amendment

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13
Q

When the court started interpreting the constitution loosely, who did they say wrote it, and who actually wrote it?

A

they said the people wrote it, but states actually did

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14
Q

Why was the government allowed to get big?

A

Because of power pushers

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15
Q

What three power pushers or things allowed in the government caused it to get big?

A

Proportion of population and geography
States don’t often have resources or the will to tackle problems
The main reason is: many problems that affect us are national problems, not state problems, like air water and interstates

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16
Q

What are problems states are unwilling to tackle?

A

Integration and rise in interest groups

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17
Q

Talk about interest groups.

A

They are a national problem, not a state problem, they require more labor and demand, and include people like farmers and businesses. The government must grow to accommodate new services from these interest groups

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18
Q

If there is no federal system, how many places of power are there?

A

2

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19
Q

If there is a national government, how many places of power are there?

A

One

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20
Q

What two things limit the power states?

A

States are denied powers (because of Bill of Attainder), and giving away powers

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21
Q

What does amendment 13 State?

A

It forbids states have slaves

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22
Q

What does amendment 14 State?

A

States can’t denied due process are equal protection of its citizens, for example, slaves

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23
Q

What does amendment 26 State?

A

States cannot deny the right to vote

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24
Q

What are two powers that overlap between state and national government and aren’t given away by states or denied?

A

Concurrent powers

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25
Q

What are some examples of concurrent powers?

A

Making courts, holidays, taxes

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26
Q

What legal case shows that the national government is not affected by state powers?

A

McCullough versus Maryland

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27
Q

What did the McCullough versus Maryland case show?

A

Implied powers exist, the state can’t tax The national government, national law trumps state law

28
Q

What is the power to survive?

A

Inherent power

29
Q

What does article 4 contain?

A

National government obligations

30
Q

What are some national government obligations?

A

Guarantee territorial integrity (can’t make states out of states), guarantee republican form of government (representative government form of government, ex. each state automatically gets 3 representatives),
protection against foreign and domestic violence (when states can’t control riots, the government can intervene)

31
Q

What are three limits in article 4?

A

Relations among the states:
Each state has to grant full faith and credit to civil actions (not including criminal law), ex. Recognizing civil laws- divorce and gay marriage not recognized
Privileges and immunities- States cannot discriminate unreasonably against citizens, there are only a few exceptions, like hunting and fishing licenses
Extradition- if a fugitive goes to another state, the governor of that state can refuse to send them back

32
Q

What is an interstate compact?

A

The right of states to make agreements

33
Q

What is an example of national state cooperation?

A

Grants in aid

34
Q

What are grants in aid?

A

Grants, they’re a way for national governments to funnel money to states

35
Q

What are grants given for specific problems?

A

Categorical grants

36
Q

Talk about categorical grants

A

The government will match funds, they pertain to categories and have categorization, and they are for creating standards like minority performance

37
Q

What are block grants?

A

They are for a general group, and there are no strings attached

38
Q

What are some pros and cons of grants?

A

Pros: they let states state governments provide services that they can’t provide on their own. They help maintain minimum standards in healthcare and nutrition, and achieve and equalize some social objectives like housing
Cons: states don’t want national authority in local areas

39
Q

Why is the national government bigger than designed?

A

They are responding to demand

40
Q

What powers is the government based on?

A

General welfare power, war power and commerce power

41
Q

What is the general welfare power?

A

To protect and provide general wealth welfare and police power, to regulate society for the better good

42
Q

What is the war power?

A

Congress can do what is necessary and proper for war preparation

43
Q

What is the commerce power?

A

It allows regulation of interstate commerce

44
Q

What is a grant with strings attached? And what are some of those strings?

A

A categorical grant,

inspections, minority performance, and matching funds which is the most important string

45
Q

What are the three obligations of the national government?

A

To guarantee territorial integrity, to guarantee republican form of government, and protect against foreign and domestic violence

46
Q

The expansion of national government rests on three legal basis which are:

A

General welfare power, waterpower, commerce power

47
Q

Which amendment alludes to unnamed state powers?

A

The 10th, it says that powers for states are reserved for states

48
Q

Who can states not tax?

A

Other states, and citizens and of other states with a few exceptions (sales, college)

49
Q

List some national powers

A

Declare war, keep an army, make treaties, coin money, and make immigration laws

50
Q

List some state powers

A

To create a school system, to make marriage divorce and family loss, and create local governments

51
Q

List some concurrent powers

A

Make laws, make a judicial system, collect taxes, borrow money

52
Q

List Powers denied to states

A

Everything that the states of delegated to the national government, to grant titles of nobility, tax on imports and exports, and keep warships

53
Q

List Powers denied to the national government

A

Can’t suspend habeas corpus, they can’t have a bill of attainder, no ex post facto laws, and they cannot tax a person

54
Q

What is an unfunded mandate?

A

The national government requires states to do something but does not fund it

55
Q

What kind of grants to states like more?

A

Block grants

56
Q

What kind of governments do states have?

A

Unitary government

57
Q

What kind of government does the nation have?

A

Federal government

58
Q

Precautions are taken to prevent states from doing what?

A

From to prevent the state from interfering with foreign relations, becoming more powerful than the national government, and to prevent a dictatorship

59
Q

What Kind of constructionist believe in original intent and no implied powers?

A

Strict constructionist

60
Q

What is the supremacy clause in the Constitution?

A

Article 6

61
Q

Why is there supremacy clause in the Constitution?

A

So no state can get too big

62
Q

Why does the government not have to pass laws to say that no one can overthrow the government?

A

It is an implied power

63
Q

What amendment prevents slaves?

A

13

64
Q

What amendment says you cannot deny due process?

A

The 14th amendment

65
Q

What amendment gives a person the right to vote?

A

The 26th

66
Q

The government cannot change a state unless what?

A

The state gives them permission

67
Q

When can a national government nationalize the National Guard?

A

If requested by a state

Civics (10 decks)

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