Chapter 7 Section Reviews Flashcards
What is federalism?
Government power divided into two or more levels
What is the popular nickname for the “necessary and proper” clause? Why is it called this?
- Elastic Clause is the nickname
- Congress is able to stretch the meaning of that clause 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 power is derived from state power.
What factor makes it possible for states to differ from one another?
The constitution gives state 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
- 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?
It guarantees a person’s rights cannot be set aside when he visits another state.
In what cases may states make a distinction between residents and nonresidents?
States may distinguish between residents and nonresidents concerning state university tuition and hunting and fishing licenses.
Define extradition. How did states historically interpret “shall on demand”?
- Extradition - Legal process of returning an alleged criminal to the state he was 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 VI section II
- Included it because of the potential of conflict between the states and the national government.
How does today’s state loyalty differ from the loyalty felt in the early days of the American Republic?
Citizens were once loyal to the states as of the national government. Today however the federal government plays a far greater role in the lives of the citizens.
List four defenders of states’ rights and the states they represented.
Robert Eli - Virginia
Thomas Jefferson - Virginia
James Madison - Virginia
John C. Calhoun - South Carolina
Describe and illustrate the concept of dual federalism.
- Dual federalism is the system in which national and state governments exercise authority within their own spheres
- In modern America, dual federalism is like a marble cake.
What event was the beginning of the end for federalism as the founders envisioned it.
Northern victory in the civil war