Chapter 3 Flashcards
Who resolves conflicts between National and State government?
Supreme Court
This case struck down the ability to arrest suspected illegal immigrants without warrant
Arizona vs US
What makes up the federal system?
State and Local Government
System in which the national gov and state gov share power and derive all authority from the people
Federal system
National gov share power and derive all authority from the people; led to a weak government
Confederation
Great Britain adapted this system in which the local and regional governments derive all authority from a strong national government
Unitary System
Powers of the national gov. Specifically granted to Congress in Article 1, section 8
Enumerated powers
The powers derived from enumerated powers and necessary and proper clause
Implied powers
The constitution underscored the notion that the national gov is supreme in situations of conflict between state and national law
Article 6
Entitles states to 2 senators and restrictions to the election
Article 1
Require that each state appoint electors to vote for the president
Article 2
Guarantees each state a “republican form of gov” meaning one that represents the citizens of the state
Article 4
Final part of the Bill of Rights that defines the basic principle of American fed. In stating that the powers not delegated to the national gov are reserved to the states or to the people
10th Amendment
Powers reserved to the states by the 10th Amendment that lie at the foundation of a state’s right to legislate for the public health and welfare for its citizens
Reserved powers
Powers shared by the national and state gov
Concurrent Powers
Denies some powers to both governments and prohibits the national gov. From granting titles of nobility
Article 1
A law declaring an act illegal without judicial trial that neither gov. Are allowed to pass
Bill of Attainder
Make an act unpublishable as a crime even if the action was illegal at the time it was committed
Ex Post Facto laws
Ensure judicial decrees and contracts made in one state will be binding and enforceable in any other state (Article 4)
Full faith and credit clause
Guarantees that the citizens of each state are afforded the same rights as citizens of all other states (Article 4)
Privileges and immunities clause
Requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial (Article 4)
Extradition Clause
In Article 3, section 10,clause 3 of the constitution sets the legal foundation for interstate cooperation; contracts between states that carry the force of law
Interstate compacts
States local gov do not have an inherent sovereignty and instead must be authorized by state gov. That can create and abolish them
Dillon’s rule
Articulated by Judge John F Dillon
Dillon’s Rule
A document that specifies the basic policies, procedures, and institutions of local gov; must be approved by state legislature
Charter
Basic administrative units of local gov
Counties
City gov greatest in response to the emergence of relatively densely populated areas
Municipalities