Chapter 4 Flashcards
Denied powers
Powers denied to all levels of government by article 1 section 9 of the constitution
Implied powers vs. inherent powers vs. concurrent powers
Implied powers: power of national government to carry out implied powers to stretch out enumerated powers (elastic clause is basis for implied powers)
Inherent powers: powers of the government simply because it is a government
Concurrent powers: powers that the national government and state governments both have
The Constitution obliges the national government to do three things for the states:
Article 4 requirements!!
- national government must guarantee each state a republican form of government
- national government must protect states from invasion and domestic violence.
- national government has the duty to respect the territorial integrity of each state.
Sunset law:
Sunshine law:
Sunset: laws that have a specific ending date.
Sunshine: prohibits public officials from holding closed meetings
Define extradite
Return to a state. Referring to criminals who flee across state lines to escape justice.
Define:
interstate compacts
Preemption
Written agreements between two or more states
Federal governments ability to take over a state government function.
Public policy
Bureaucracy
When a government settles on a course of action
Organization of government administrators (think of a very high hierarchy) (for carrying out legislation during 1930s)
Federalism influences public policy in two ways
Influences how and where policies are made
Places certain limits on policy making
Federalism provides for political participation of citizens by allowing them to:
- run for local office
- lobby the state government
- campaign for a candidate for national office.
The Supreme Court, congress, and the president have stretched the powers of the central government using three provisions of the Costitution:
- the war powers; national government has been given the authority to wage war.
- power to regulate interstate commerce
- power to tax and spend - the 16th amendment gave congress the power to levy an income tax.
States rights position vs nationalist position
States rights: constitution is a compact among the states. Any doubt about powers between national and state governments goes to the state. National gov is agent of the states. Favors state and local action when dealing with problems.
Nationalist: favors national action in dealing with these matters. National and state governments were created by people, not the states, and therefore are not subordinate to states. They believe in necessary and proper clause and government should be expanded as much as possible to carry out will of the people and has the right to adopt any means that are useful to carry out it’s delegated powers.
Significance of article 6
Define civil law
Makes the acts and treaties of the United States supreme.
Laws relating to disputes between individuals, groups, or with the state.
Article 4 of the constitution requires the states to:
- Give “full faith and credit” to the laws, records, and court decisions of other states
- Give each other’s citizens all the “privileges and immunities” of their own citizens
- Extradite criminals
Define federal grants
Sums of money given to state or local governments for specific purposes
Reserved powers
Powers reserved strictly to the states by the constitution.