Chapter 3 P2 Test Flashcards
Federalism
div. of ___________ btwn ________________ govs.
a “division of powers” btwn the National and State govs.
Dual System of Gov
about levels, subunits
Not cooperative!
2 levels - local govs are subunits of the State govs
Major Strength:
Allows for….. (concerns at area related levels) (L + N for both)
- local action for local concerns and
- national action for nation concerns
National Gov Powers
A gov of delegated powers (3 types) - EII, Granted by the:
Powers granted to the national gov by the constitution
1. Expressed
2. Implied
3. Inherent
Expressed Powers
collect taxes, coin money, declare war, etc.
Spelled out in the constitution - 27 powers
Delegated Powers
Powers granted to the national gov. by the constitution
Implied Powers
“N & E Clause” or the “E Clause”
Thousands - labor-management relations, building of hydro-electric dams, building the interstate highway system, etc.
Powers suggested but not stated in the Constitution
T
Inherent Powers
Only a few - regulate immigration, to acquire territory, grant diplomatic recognition, etc.
powers given to the national government because it is a government of a sovereign state - (inherited)
Reserved Powers
establish public schools, licenses, speed limits, police dept., etc.
powers that the Constitution does not grant to the national gov.
Concurrent Powers
lay + collect taxes, setting up courts, define crimes/punishments, etc.
powers that both the State and National govs. share
Supremacy Clause
CASSC
Constituion, then laws
resolves conflicts btwn the 2 levels of gov. by setting up a “ladder of laws”
Top Rung
- United States Constitution
- Acts Congress/National Laws
- State Constitutions
- State Laws
- City/County Laws (local)
Umpire of the Supremacy Clause
makes r + fd
Supreme Court - Makes rulings and all final decisions
National Gov’s Obligations to the States Article IV - (3)
- Guarantee states a republican form of gov. (representative)
- Protect states against foreign invasion and domestic violence (Make war/keep peace)
- Attacks from other countries/terrorism, riots at home, and natural disasters
- Respect territorial integrity of states (Recognize/Respect state boundaries/borders)
1st - National Gov Obligation to the States
guaran. statest Repub gov form - rep.
- Guarantee states a republican form of gov. (representative)
2nd - National Gov Obligation to the States
Protects states from foreign invasion, domestic (riots), nat. disasters
- Protect states against foreign invasion and domestic violence (Make war/keep peace)
Attacks from other countries/terrorism, riots at home, and natural disasters
3rd - National Gov Obligation to the States
Respect state boundaries/borders
- Respect territorial integrity of states (Recognize/Respect state boundaries/borders)
Full Faith + Credit Clause
States must recog. the validity of R, D, and Civil CD in other states
2 Exceptions - QD and Not Enforcing another _______________ laws
- States must recognize the validity of records, documents, and civil court decisions in other states
- Documents/records (birth certificates, marriage licenses, property deeds, etc.
- Civil court decisions (wills, divorce, decrees, etc.)
Exceptions: Quickie Divorces & One state does not enforce another state’s criminal laws.
2 Types of Federalism
D and C
-
Dual Federalism: 1788-1937
- Gov. power was strictly divided by the states and national gov.
- National gov. was very small!
-
Cooperative Federalism: 1937-presentFederal gov. strongly influences the states
- Established social programs to assist states with regulation.
- National gov. became very large
Dual Federalism
Dual Federalism: 1788-1937
1. Gov. power was strictly divided by the states and national gov.
2. National gov. was very small!
Cooperative Federalism
-
Cooperative Federalism: 1937-presentFederal gov. strongly influences the states
- Established social programs to assist states with regulation.
- National gov. became very large
How the Federal Gov Helps the States (4)
GFTC
- Grants-in-Aid (Categorical, Block, Project)
- FBI assist state and local police
- Trains the National Guard for the states
- Takes a Census for the states
1.To determine the representation that a state gets
Federal Grants-in-Aid
- Federal Grants-in-Aid:
- 1800’s - it was grants of land to start up schools/colleges and roads*Today it consists of grants of money for different programs such as:
- Education
- Mass transit
- Highway construction
- Health care, etc.
- Provides over $250 billion of aid per year!
- 1800’s - it was grants of land to start up schools/colleges and roads*Today it consists of grants of money for different programs such as:
Admitting New States: Congress (5 Steps)
PEVAP
- The territory petitions Congress for admission
- Enabling Act passed - Congress gives the territory permission to set up a state constitution
- Popular Vote (people vote - w/ 3/4 majority)
- Act of Admissions - Congress agrees to grant statehood.
- President signs into law
- If vetoed, goes back to Congress, veto is overridden at 2/3 majority vote in Congress
How States Assist the Federal Gov (3)
States: _________ assist FBI, run the nat. + imm. program,
run all nat. elections
- State + local police assist the FBI
- States run the naturalization immigration program
- States run all national elections
Interstate Relations (Ways States Help Each Other - 4)
- Interstate Compacts - agreement among 2+ states/foreign states
- There are 200+
- Deals w/issues such as: (CFCH)
- Conservation of resources (water, oil, wildlife, etc.)
- Fighting forest fires
- Combat water/air pollution
- Harbor control
Interstate Compacts
CFCH
- Deals w/issues such as: (CFCH)
- Conservation of resources (water, oil, wildlife, etc.)
- Fighting forest fires
- Combat water/air pollution
- Harbor control
All 50 States Have Joined in 2 Interstate Compacts:
- Compact for the supervision of Parolees and Probationers
- Compact on Juvenile Delinquents
