Chapter 4 - The Federal System Flashcards

1
Q

reserved powers

A

powers belonging strictly to the states

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2
Q

supremacy clause

A

makes the acts and treaties of the united states superior to those of individual states

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3
Q

concurrent powers

A

powers that both national and state government exercise independently

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4
Q

examples of implied powers of the national government

A

the draft; nuclear power plant regulation; space program development

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5
Q

examples of inherent powers of the national government

A

controlling immigration and establishing diplomatic relations

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6
Q

a rule for admitting new states to the union

A

the power of congress to examine and approve state constitutions

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7
Q

enabling act

A

first step in the admission of a new state into the union

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8
Q

examples expressed powers of the national government

A

levying and collecting taxes; regulating interstate commerce

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9
Q

two functions of the states that help the nation

A

1) the keeping of order and providing for the protection of persons and property
2) providing employment

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10
Q

(expressed, implied, or inherent) the power/ability of government to declare war

A

expressed powers

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11
Q

(expressed, implied, or inherent) the power/ability of government to coin money

A

expressed powers

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12
Q

(expressed, implied, or inherent) the power/ability of government build the hoover dam

A

implied powers

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13
Q

(expressed, implied, or inherent) the power/ability of government to tax incomes

A

expressed powers

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14
Q

(expressed, implied, or inherent) the power/ability of government to issue student visas

A

inherent powers

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15
Q

(expressed, implied, or inherent) the power/ability of government to send criminals back to the state where they committed the crime

A

expressed powers

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16
Q

(expressed, implied, or inherent) the power/ability of government to deport aliens

A

inherent powers

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17
Q

(expressed, implied, or inherent) the power/ability of government to fine media outlets

A

implied powers

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18
Q

(expressed, implied, or inherent) the power/ability of government to build a wall between the US and mexico

A

inherent powers

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19
Q

(expressed, implied, or inherent) the power/ability of government to punish pirates

A

expressed powers

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20
Q

(expressed, implied, or inherent) the power/ability of government to arrest people for pirating movies/media

A

implied powers

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21
Q

(exclusive, concurrent, or reserved) the power/ability of government to declare war

A

exclusive powers

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22
Q

(exclusive, concurrent, or reserved) the power/ability of government to punish crimes

A

concurrent powers

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23
Q

(exclusive, concurrent, or reserved) the power/ability of government to regulate alcohol

A

reserved powers

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24
Q

(exclusive, concurrent, or reserved) the power/ability of government to conduct elections

A

reserved powers

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25
Q

(exclusive, concurrent, or reserved) the power/ability of government to claiming private property for public use

A

concurrent powers

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26
Q

(exclusive, concurrent, or reserved) the power/ability of government to issue passports

A

exclusive powers

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27
Q

(exclusive, concurrent, or reserved) the power/ability of government to establish a 172 day per year school calendar

A

reserved powers

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28
Q

(exclusive, concurrent, or reserved) the power/ability of government to establish courts

A

concurrent powers

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29
Q

(exclusive, concurrent, or reserved) the power/ability of government to admit new territories

A

exclusive powers

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30
Q

(exclusive, concurrent, or reserved) the power/ability of government to license hairdressers

A

reserved powers

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31
Q

(exclusive, concurrent, or reserved) the power/ability of government to borrow money

A

concurrent powers

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32
Q

(exclusive, concurrent, or reserved) the power/ability of government to borrow money from china

A

exclusive powers

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33
Q

(expressed, implied, inherent, or reserved) the probability/ability of government tissue birth certificates

A

reserved powers

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34
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to assign numbers to interstate highways

A

implied powers

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35
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to appoint an ambassador to spain

A

expressed powers

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36
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to enter into a trade treaty with china

A

expressed powers

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37
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to borrow money from other nations

A

expressed powers

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38
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to issue passports

A

inherent powers

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39
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to license doctors

A

reserved powers

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40
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to grant patents

A

expressed powers

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41
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to call out the national guard

A

expressed and reserved powers

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42
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to conduct elections

A

reserved powers

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43
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to punish criminals/ set up punishments for crimes

A

expressed and reserved powers

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44
Q

(expressed, implied, inherent, or reserved) the probability/ability of government to regulate sale of alcohol

A

reserved powers

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45
Q

4 types of cooperative federalism

A
  1. grants in aid programs
  2. revenue sharing
  3. other forms of federal aid
  4. state aid to the national government
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46
Q

how federal and state governments work together in grants in aid programs

A
  • federal government gives money to states to run programs

- types of grants include categorical, block, and project

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47
Q

how federal and state governments work together in revenue sharing

A
  • no longer in existence
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48
Q

how federal and state governments work together in other forms of federal aid

A
  • federal agencies assist state and local police

- armed forces equip and train states’ national guard

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49
Q

how federal and state governments work together in state aid to the national government

A
  • state and local officials conduct national elections
  • naturalization usually takes place in state courts
  • state and local police aid federal law enforcement agencies
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50
Q

the basic purpose of constitutional checks and balances is to

A

prevent one branch of the federal government from becoming too powerful

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51
Q

an advantage of a federal system of government is that it

A

permits both national and local approaches to problems

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52
Q

the statement in the us constitution that the president “shall nominate, by and with the advice and consent of the senate” justices of the supreme court illustrates which governmental principle

A

checks and balances

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53
Q

the section of the us constitution that grants congress the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers” has come to be known as the

A

elastic clause

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54
Q

which concept from the us constitution provides the basis for the variety of laws that govern teenage driving in different parts of the us

A

reserved power

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55
Q

the principle of federalism established by the us constitution provides for the

A

division of power between the national and state governments

56
Q

the constitutional power to regulate interstate commerce allows the federal government to exercise direct control over

A

trade across state lines

57
Q

congressional actions such as grants to state welfare programs, aid to states for education, and federal supervision of voting registration procedures illustrates the principle of

A

federalism

58
Q

the “elastic clause” of the us constitution has been used primarily to

A

broaden the power of congress

59
Q

CA has authority over its public schools because

A

the us constitution reserves this power to the states

60
Q

which is the supreme law of the us

A

the us constitution

61
Q

the basic principle underlying the us constitution is that

A

the people are the ultimate source of all power

62
Q

the us constitution has survived over 200 years primarily because

A

the amending process allows for flexibility

63
Q

according to the principle of “popular sovereignty,” political power rests with

A

the people

64
Q

what is federalism

A

a system of government in which a written constitution divides the powers of government on a territorial basis between a central government and several regional governments

65
Q

what are delegate powers

A

only those powers delegated (granted) to it in the constitution

66
Q

list 3 types of delegated powers granted to the national government in the constitution

A

expressed, implied, and inherent

67
Q

what are expressed powers

A

delegated to the national government in so many words - spelled out, expressly, in the constitution

68
Q

what is another name for expressed powers

A

enumerated powers

69
Q

cite some examples of expressed powers for legislative, executive, judicial, and amendments

A
  1. legislative - power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards or weights and measures, etc.
  2. executive - acts as commander in chief in armed forces, to grant reprieves and pardons, to make treaties, and to appoint federal officials
  3. judicial - “the judicial power of the us” to supreme court and other courts in federal judiciary
  4. amendments - 16th amendment gives congress the power to levy an income tax
70
Q

what are implied powers

A

not expressly stated in the constitution but are reasonably suggested - implies - by the expressed powers

71
Q

the basis of implied powers in art. I, section 8, cl 18 of the constitution which is often called the “_________” clause

A

necessary and proper

72
Q

another name for the “necessary and proper” clause is the

A

“elastic” clause

73
Q

cite 4-5 examples of thousands of examples of the exercise of implied powers

A

congress has provided for the regulation of labor management relations, the building of hydroelectric power dams, and the building of the 42,000 mile interstate highway system

74
Q

cite 4 examples of the few inherent powers

A

the power to regulate immigration, to deport undocumented aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government by force or violence

75
Q

define reserved powers

A

those powers that the constitution does not grant to the national government and does not, at the same, deny to the states

76
Q

cite 4-5 examples of powers “reserved” to the states

A

any state can forbid persons under 18 to marry without parental consent, or those under 21 to buy liquor. it can ban the sale of pornography, outlaw prostitution, and permit some forms of gambling and prohibit others

77
Q

list 2 major examples of powers that are denied to the states

A
  1. the constitution does not give the national government the power to take these actions
  2. it does not deny the states the power to take them
    * also can’t coin money
78
Q

define exclusive powers

A

those powers can be exercised by the national government alone. cannot be exercised by the states

79
Q

define concurrent powers

A

those powers that both the national government and the states possess and exercise

80
Q

describe how the division of powers into 3 levels, national state, and local can be misleading

A

there are only two basic levels in the federal system: the national government and the state governments

81
Q

list 3-4 things that local governments can legally do

A

provide services, regulate activities, collect taxes, and do many other things

82
Q

the ______ clause states that no law or state constitution may conflict with any form of national law.

A

supremacy

83
Q

why is the supremacy clause called the “linchpin of the constitution”

A

it joins the national government and the states into a single government unit, a federal government

84
Q

describe how the landmark supreme court case mcculloch v. maryland settled the conflict between federal and state law in 1819

A

supreme court said state laws cannot supersede fed. govt. laws

85
Q

what are 3 constitutional obligations to the states

A
  1. republican form of government
  2. invasion and internal disorder
  3. respect for territorial integrity
86
Q

what organization has the power to admit new states to the union

A

congress

87
Q

what is the enabling act

A

an act directing the people of the territory to frame a proposed state constitution

88
Q

what is an act of admission

A

an act creating the new state

89
Q

once admitted to the union, each state is ______ to every other state

A

equal

90
Q

describe one of the best known examples of intergovernmental cooperation

A

grants and aids to states

91
Q

describe the revenue sharing program in place from 1972 to 1987

A

under this program, congress gave an annual share of the huge federal tax revenue to the states and their cities, counties, and townships. altogether, those shared revenues amounted to more than $83 billion over the years the program was enforced

92
Q

list and describe 3 types of grants in aid that the government provides for today

A
  1. categorical grants - made for some specific, closely defined purpose: for school lunches or for the construction of airports or waste water treatment programs
  2. block grants - made for much more broadly defined purposes than are categorical grants, such as health care, social services, or welfare
  3. project grants - made to the states, local cities, and sometimes private agencies that apply for them
93
Q

describe one of the two interstate compacts that all 50 states have joined in

A

the compact for the supervision of parolees and probationers. enable the states to share important law enforcement data. also amber alert

94
Q

public acts

A

refers to the laws of the state, such as the driving age in CA is 16

95
Q

records

A

refers to such documents as birth certificates, marriage licenses, deeds to properties, car registrations

96
Q

what is one exception to the full faith and credit clause to the us constitution

A
  1. full faith and credit need not be given to certain divorces granted by one state to residents of another state
97
Q

define extradition

A

the legal process by which a fugitive from justice in one state can be returned to that state

98
Q

the privileges and immunities clause means that no state can draw

A

unreasonable distinctions between its own residents and those persons who happen to live in other states

99
Q

each state must recognize the 4 rights of any american to: (“privileges and immunities”)

A
  1. travel and become a citizen
  2. allow any citizen to use its courts and make contracts
  3. buy, own, rent or sell property
  4. marry within its borders
100
Q

what are delegated powers

A

powers granted to the national government in the constitution

101
Q

what are expressed powers

A

powers spelled out in the constitution

102
Q

what are implied power

A

powers reasonably thought to be granted, but not spelled out specifically, in the constitution

103
Q

what are inherent powers

A

powers that belong to the national government because it is a sovereign state

104
Q

what are concurrent powers

A

powers possessed and exercised by both national and state governments

105
Q

which of the following is an example of an expressed power

A

the power to collect taxes, the power to coin money, and the power to declare war

106
Q

the necessary and proper clause is called the elastic clause because

A

over time, it has stretched to cover so many implied powers

107
Q

according to the supremacy clause, which of the following is correct order of the “ladder of laws” in the united states, from top to bottom

A

the united states constitution, acts of congress and treaties, state constitutions, state statutes, local laws

108
Q

in the american federal system, city and county governments are really

A

subunits of state governments

109
Q

(true/false) the president must sign an act of admission in order for a state to join the union

A

true

110
Q

(true/false) block grants are made for very specific purpose

A

false

111
Q

which of the following is NOT an example of the national government’s obligation to protect states

A

none of the above (protection against a foreign invasion, protection against riots and civil unrest, and protection against the worst results of a natural disaster)

112
Q

which of the following is an example of a grant in aid

A

money given to a private cancer research program by the national government

113
Q

what is interstate compact

A

an agreement among states

114
Q

what is full faith and credit clause

A

states must recognize the validity of records, documents, and civil court decisions in other states

115
Q

what is extradition

A

the legal process by which a fugitive from justice of one state is returned by another state

116
Q

what is privileges and immunities clause

A

states cannot draw unreasonable distinctions between their own residents and residents of other states

117
Q

which of the following is NOT an issue about which states have recently made compacts

A

protection against unjust federal laws

118
Q

the privileges and immunities clause gives states the right to

A

require out of state students to pay higher tuition at state universities than in state students

119
Q

which of the following is a compact all 50 states have joined

A

compact for supervision of parolees and probationers

120
Q

(true/false) the national government must guarantee that states are run by republicans

A

false

121
Q

(true/false) the national government has the authority to send troops to a state to quell civil disorder, even without an invitation by the state’s governor

A

true

122
Q

the ____________ powers are those set aside for the states

A

reserved

123
Q

the ___________ between the national government and the states was spelled out in the bill of rights

A

division of powers

124
Q

(national, state, both - expressed, implied, or inherent) prohibit racial discrimination in access to restaurants

A

national, implied

125
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) coin money

A

expressed and exclusive

126
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) build hydroelectric power plants

A

implied and exclusive

127
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) license hairdressers

A

implied and reserved

128
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) extradite criminal from texas to louisiana

A

expressed and reserved

129
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) declare war

A

expressed and exclusive

130
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) grant passports

A

inherent and exclusive

131
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) mandate 172 school days

A

implied and reserved

132
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) put Harriet Tubman on $20 bill

A

expressed and exclusive

133
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) punish pirates

A

expressed and exclusive

134
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) define crime manslaughter

A

implied and reserved

135
Q

(expressed/implied/inherent and exclusive/concurrent/reserved) extradite a criminal from france to us

A

expressed and exclusive