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
What event in America’s history significantly changed Americans’ perceptions of the federal government?
The Great Depression
Did the federal bureaucracy continue to grow during Ronald Reagan’s presidency? Why or why not?
Yes, it was inevitable because of the interdependence of a nation bound by national transportation, television, etc.
What four obligations does the Constitution place on the national government in its relationship to the states?
National government must honor states’ territory, must guarantee each state a republican form of government, must protect states against foreign invasion, may intervene if a state needs help surpassing domestic violence
What two political forces help preserve the division between the state and national levels of government?
Congressmen are responsible to the states and districts that elected them. Political parties are also built on the state level and are largely independent of their national government.
How has the federal government used federal aid to gain control of state prerogatives?
Grants come with “strings” attached. In return for the extra money, state and local governments have given up a measure of control over important prerogatives such as public education
Why is it difficult to reverse the policy of federal grants and to reduce federal costs?
Each locale that benefits from federal grants is more concerned about keeping its own benefits than serving the broader needs of the country
Why do leaders in the Frostbelt say the current distribution of federal grants is unfair?
The Sunbelt generally receives more in grants than it pays in taxes, and some areas of the Frostbelt pay more in taxes than they receive in grants
What is federalism?
A system in which governmental power is divided into two or more levels, usually a central government and component state governments
