Chapter 3 and Chapter 4 Flashcards
History
How many separate governments are there?
89,528 includes everything
What are the three nations structure?
(1) The unitary system, (2) the confederal system, and (3) The federal system. most popular is the unitary system
What is a unitary system?
Places ultimate governmental authority in the hands of the national, central, government.
Lower rules, can be overrun by the national government.
What is a confederal system?
A confederation is the opposite of a unitary system. It leagues independent states in which a central government or administration handles only this matter.
The central government cannot enforce the law into the state, only if they want to.
The United States under the articles of confederation was a confederal system.
European Union, had developed a large body of Europewide laws.
What is a federal system?
Authority is divided, usually by a written constitution, between a central government and regional, or subdivisional, governments.( called constituent governments)
Central Government is supreme not state. Mexico and U.S clear examples.
Why did the United States choose the federal system?
It was establish in Philadelphia at the constitutional convention, opposing states rights advocates. They had been political pragmatist Wanted a federal regalement, there would be no ratification of the new constitution. It had gotten state traditions and local power while establishing a strong national government capable of handling common iron
Name of all of the unitary, con federal, and federal.
Name all of them
What influence did large geographical areas had?
Size was undesirably for an unitary system. It would been hard for a whole government to manage. 13 states were bigger than England and France.
Take several weeks before everyone was informed of a new law. Federalism brings government closer to the people. It leaves more direct access to and influence on government
What is federal benefit to the united states?
They are training grounds to the government for new em-placed laws.
What did louis brandeis said?
It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as laboratory and try novel social and economic experiments without risk to the rest of the country.
What are the examples of the programs pioneer?
Wisconsin unemployment composition
Air-pollution which began in California.
same sex marriage massachuset
How has the federal system allow allowance for many political subcultures?
One central government one culture(unitary system), multiple government different kind of political cultures.)
What is the problem with marijuana?
Marijuana tax act of 1937 imposed it illegal while 21 states say that it is legal.
What are the arguments against federalism?
Block progress and impede nations plans. Smaller political units are more likely to be dominant by a single political group.
Domitian groups had resisted implanting equal rights for minority groups.
Cities can use anti-design zone that increasing the house value, for the one that had already been constructed.
What did Ronald Regan saw the founding fathers believe on?
“The founding fathers saw the federalist system, as constructing something like a masonry wall. The states are the bricks and the national the mortar. People have forgotten.”
Is the federal system found under the constitution?
No
What are the different powers that the constitution says?
1) The powers of the national government.
2)the powers of the states and
3) Prohibited powers.
What are the enumerated powers?
They are called the expressed powers, including coining money, setting standards for weights and measures, making uniform naturalisation laws, admitting new states, establishing post offices and post roads, and declaring war.(Regulate commerce among states)
What is the necessary and proper clause? Which article and section? What is the quote?
Implied powers are based on the article 1 and section 8
“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested u this constitution in the government of the united state, or in any department or office therefor.
What is the Nencessary and proper clause?
The name is called the elastic clause or the necessary and proper clause.
The cause had been first used of the mcculloch v. Maryland
Used to meet many problems that the founding fathers could not meet.
What are inherent powers?
Not mention or imp-lend in the necessary and proper clause. Such that is a sovereignty of nation and the united states must be the only one that negotiates with other nations.
Under international law. all states have the right to ensure their own survival( making treaties, waging war, seeking trade and acquiring terrotory.
What are the powers of the state governments? What is it called?
The tenth amendment states that the powers not delegated to the united states by the constitution, are reserve to the states or to the people. Called reserved power
States can regulate the commerce within its borders and to provided for a state militia.
Reserved power t make laws on all matters not prohibited to the state by the us constitution or state.
They have police power the authority to legislate for the protection, health, morals, safety, and welfare of the people.
laws governing of crimes, marriage, contracts education, interstate transportation, and land use.
What is the saying that local governments are creatures from the state.? What system does it have?
Each state has a Unitary system,
They can prohibit local governments from passing laws.
What does the 10 amendment does?
It leaves an ambiguity that leaves them to be defined differently at different times in our history. When widespread support of national government it gets leave on the background when not they can go back power to the states.
What are the prohibited powers?
National government has been denied the powers to impose taxes in goods sold to other countries(exports)
Any power not granted expressly to the federal government by the constitution is prohibited to it.
States are also denied certain powers. No treaty between countries.
What are concurrent powers?
Not specifically listed but implied. Such as the power to tax.
States may not lavy a tarrif(tax imported goods) Only national government can do this.Many scholars believe goverment cannot impose real estate tax.
Both collect money on income. Neither tax their facilities
States are limited to their own boundaries.
Borrow found, to establish courts and to charter banks and corporation. Holds police power.
To establish minimum wage, can be establish by the state
What is the supremacy clause?
The supremacy of the national constitution over sub national laws and actions is establishes in the supremacy clause.
Everyone support the constitution.
Like the national guard, is state militia, president can take charge of such troops.George bush and Barack on the 911 attacks. They are large percentage of combat duty.
Where is the supremacy clause mentions and what is the quote?
article 5, clause 2
“This constitution and laws of the united states which shall be made in pursuance theroff….
What are interstate relations?
National constitution imposes rules on the road. So no states depart from each other.
Give full faith and credits to every other states public acts, record, and judicial proceedings.
Extend to every together states citizens the privileges and immunises of its own citizens
Agree to return persons who are fleeing from justice in another state back to that state when requested to do so.
They can come agreements calls interstate compacts. Congress consent may be necessary New York and new jersey.
McCulloch v. Marryland impact?
Constituion says nothing about establish a bank.
They were first and second bank national. Marryland wanted to impose tax on second bank baltimore to put it out of buisness .Mculloch did not wanted to state won, but went to the supreme court.
National government had the power to charter a bank.
If the bank was constitutional could the state tax it?
Chief justice Marshall said it was fine and that no state can tax a part of the national government.
Gibbons v. Odgen(1824)
article 1 and 8 is to regulate the commerce withing forcing nations, among several states and the Indians.
what was Gibbons V. Odgen?
Rober monopolyze on the steam navigation of the waters of new york. They licensed Aaron ogden had to operate in the new york and new jersey.
Thomas Gibbons had goten a license from the us goverment, to operate in interstate waters started to compete. New york he lost got sued in supreme court had won. Did not use the power in the 1930 judge by Mashall.
New yok define the clause of shipments of goods, or the interchange of commodities not transport of people. Can regulate i state or not?
What re the states rights and the resort to civil war?
Jacksonian had begun giving power to the states. 1828 passed tarrif and they say that the state carolina had the ultimate power over its citizens.
Calorina first moved in the union december 20 1860, february 1861 montgomery, alabama and other 6 southern states move out of the way.
What did the war did to the growth of the national goverment?
States don’t have the right to succeed. Increase power of the national government.
A billion-dollar was passed in the first time in 1865 to cover the increased government expenditures.
What are the civil war admendements?
The thirteen amendment, ratified in 1865 it abolish the institution together of slavery.
14 amendment 1868 ratified define who was a citizen of each state.(equal)
15 amendment gave the blacks the right to vote.
What is dual federalism?
A doctrine that empathise a distinction between national and state spheres of government authority. Neither should interfere such as a cake. People tough it would be back as normal before the civil war.
It argue that nation can move states trought grants and subsides, it was barred from regulating matters that the court considered to be purely local
Child labor had been said that it can be regulated a local problem. Place many legislate under the commerce clause of the constitution.
What happen to the civil war?
Reduce the influence of the united states supreme court, which supported the institution of slavery.
What was the new deal and cooperative federalism?
Dual federalism reced in the background in the 1930. Frank attempted to alleviated the great depression. March 4, 1933. 1,500 banks had failed,4, 000 more would failed. Thirty-two thousand business had closed down.1/4 unemployed
1937 block many new deal, change in membership it had been allowed. Both came to solve a problem national government and the states. provided a marble cake. Everything in 1960 and 1970 reach of the government.
The politics of federalism?
Conservatives traditionally have favoured the states and liberals have favoured the government.
What were the republicans and the democrats?
Southern conservative democrats were advocates of the states rights. Under republic president Richard Nixon and the Ronald regain, devolution became a major theme.
They wanted to transfer power to the states but they had never done it do when in power( no child behind, California air pollution)
