Ch.4 Test- Federalism Flashcards
Expressed powers
spelled out in words in the Constitution -27 powers - shared by the three branches of government
Implied powers
not spelled out in the Constitution, but reasonably “suggested”
Inherent powers
powers given to the national government because it represents a sovereign state in the world (inherited)
Concurrent powers
powers that are exercised by both the national and the state governments
Reserved powers
powers that are exercised (carried out) only by that states (outlined in the 10th Amendment) - Lots of them!
Supremacy clause
resolves conflicts between the two levels of government by setting up a “ladder of laws”
Supreme Court
acts as the “umpire” of the Supremacy Clause;
makes rulings and final decisions
Dual federalism
government powers strictly divided between the National government and the state governments (operate separate from each other - each sovereign from the other) - 1789-1930
Cooperative federalism
overlapping spheres of powers and operation across the 2 levels of government - 1930- Today
Revenue sharing
(1972-87) Program in which Congress shared federal taxes with states
Grants-in-aid programs
1800’s it was grants of land to start up schools/colleges and build roads
Today it consists of grants of money for different programs such as:
a. Education
b. Mass transit
c. highway construction
d. Health care, etc.
Categorical grant
used for specific purpose/programs such as college tuition, school lunch, water treatment etc. - Strings attached!
Project grant
used for projects such as medical research (cancer/aids) - Private and public hospitals.
Block grant
used for large broad programs such as Welfare, Medicaid, and Infrastructure repair - fewer than usual strings attached.
Full Faith and credit clause
Must honor/enforce.
“Full faith and credit shall be given in each state to public acts, records, and judicial proceedings of each other state”
Public acts = laws of a state
Records = documents such as birth certificates, marriage licenses, property deeds, etc.
Judicial Proceedings = the outcome of court actions (damages, wills, etc.)
Privileges and immunities clause
“No state can make unreasonable distinctions between its own residents and those of another state”
Must allow them to buy, own, rent, or sell property, or marry within its borders, make contracts, etc.
Reasonable distinctions: (Exceptions)
can’t vote
can’t hold public office
can’t practice law, medicine, teach, etc. (without state certification)
charge more for college tuition/hunting and fishing licenses, etc.
Extradition
The legal process of surrendering an accused criminal by one State to the jurisdiction of another.
Prevents fugitives from escaping justice!
Enabling Act
Congress gives the state permission to set up a state constitution
Act of Admission
Congress agrees to grant statehood
Judicial Proceedings
the outcome of court actions (damages, wills, etc.)
Public Acts
laws of a state
Dual system of government
2 levels of government (National and State)
Interstate compact
agreements among 2 or more states/foreign states
more than 200
Deal with issues such as:
Conservation of resources (water, oil, wildlife, etc.) Fighting forest fires Combat water/air pollution Harbor control Motor vehicle safety Cooperation between public universities Etc.
What is the “ladder of laws” in the Supremacy Clause?
- United States Constitution
- Acts of congress/National laws
- State Constitutions
- State Laws
- City/Country laws (local)
What are the 2 interstate compacts that all 50 states agree upon?
- Compact for the supervision of parolees and probationers
2. Compact on Juvenile Delinquents
What are the programs that Federal grants-in-aid monies go to?
- Education
- Mass transit
- highway construction
- Health care, etc.
What are the obligations the constitution places on the National government for the benefit of the states?
- Guarantee states a republican form of government: (representitive)
- Protects states against foreign invasion and domestic violence:
(attack from other countries/terrorism, and riots at home and natural disasters) - Respect territorial integrity of states:
(recognize states boundaries)
What are the programs (forms of federal aid) in which the National government helps/assists the states?
- Federal grants-in-aid
- Revenue Sharing
- FBI assists state and local police
- Trains the National Guard for the states
- Takes a Census for the states (10 year population count
What are State aid programs in which the states help/assist the National government?
- State and local police assist the FBI
- States run all national elections
- States run the naturalization/immigrant program
What are the ways that the states assist each other?
- Interstate compacts
- Full Faith and Credit
- Extradition
- Privileges and Immunities
What are some examples of reasonable distinctions that states can use against residents of another state under the Privileges and Immunities Clause?
- can’t vote
- can’t hold public office
- can’t practice law, medicine, teach, etc. (without state certification)
- charge more for college tuition/hunting and fishing licenses, etc.
Delegated powers
(granted) power given to the national government by the Constitution (3 types)
