Chapter 7 Flashcards
What is the popular nickname for the “necessary and proper” clause? Why is it called this?
> . Elastic clause,
> because Congress is able to stretch the meaning in order to sanction its actions
Which constitutional amendment guarantees the reserved powers of the states and of the people?
10th Amendment
From what source do local, state, and national governments derive their respective powers?
> State and national powers are derived from the Constitution
local powers are derived from state power
What factor makes it possible for states to differ from one another?
> The Constitution gives states sovereignty over many aspects of their government
What matters does the full faith and credit clause most often relate to?
Judicial matters
What are the two exceptions to the “full faith and credit” clause?
> This section deals with civil, not criminal law and
> states are not required to give full faith and credit in every case of divorce
How does the “privileges and immunities” clause protect American citizens?
Guarantees that a person’s rights cannot be set aside when he visits a certain state
In what cases may states make a distinction between residents and nonresidents?
> States may distinguish between residents and non-residents > concerning state university tuition and hunting and fishing licenses
Define extradition. How did states historically interpret “shall on demand”?
The legal process of returning an alleged criminal to the state which he is charged, as a suggestion not a command
What Court decision established the national government’s right to force a state to extradite a fugitive?
Puerto Rico vs. Branstad
What clause establishes the proper relationship between state and national governments? Why did the founders include that article in the Constitution?
> Supremacy clause-
Article 6, Section 2,
because of the potential for conflict between the states and national government
How does today’s state loyalty differ from the loyalty felt in the early days of the American Republic?
Citizens were once as loyal to their states as to the national government, today the government plays a far greater role in the lives of its citizens
List four defenders of states’ rights and the states they represented.
> Robert E. Lee- Virginia
James Madison- Virginia
Thomas Jefferson- Virginia
John C. Calhoun- South Carolina
Describe and illustrate the concept of dual federalism.
System in which national and state governments exercise state authority within their own spheres (eg. Marble cake)
What event was the beginning of the end for federalism as the founders envisioned it?
Northern victory in the Civil War