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
What event in America’s history significantly changed Americans’ perceptions of the federal government?
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 and television.
What are the basic differences among the three forms of federal grants-in-aid?
- Categorical grants are those given to state and local governments for a specific purpose and with certain guidelines for their use.
- Block grants combine several categorical grants under a general umbrella.
- Revenue sharing - national government allocates some of its tax revenues to the states.
What is the difference between a formula grant and a project grant?
- A formula grant is governed by demographic formulas in a given area.
- A project grant permits greater discretion in how much aid is given to a project.
What four obligations does the Constitution place on the national government in its relationship to the states?
- The national government must honor the territorial rights of the states
- Must guarantee each state a republic form of government
- Must protect states from foreign evasion
- It may intervene because state needs help of suppressing 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 organizations.
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 form of government is based on resisting tyranny through limited government and limiting that government by distributing and dividing power among several government levels and organizations?
Federalism
With which level of government are the reserved powers generally associated?
State powers
What is federalism?
The belief that limited government is a restraint to tyranny and that limiting government is to divide and to distribute power among government levels and organizations
What defines the limits of the authority of the national government?
Delegated powers
What is “full faith and credit”? Where is it found in the Constitution?
Each state respects the laws, official records, and judicial rulings of other states. Article IV, Section 1
Which Supreme Court case determined that states may not raise revenue at the expenses of the federal government?
McCulloch v. Maryland
What is extradition?
The legal process of returning an alleged criminal to the state in which he/she is charged
What are categorical grants?
Federal programs that supply money for specific purposes within the state and local government
What are two exceptions to the “full faith and credit clause”?
- Deals with only civil law, not criminal
2. States are not required to give full faith and credit in every case of divorce
What is the source of implied powers?
Enumerated powers
Since 1913, what had provided a continuous source of money for the national government?
Income tax
Before 1913, were senators elected?
No
Prior to Civil War, what was the general attitude towards the national identity?
More people identifying with their state rather than their country
How does America benefit from federalism?
It checks tyranny by permitting no single institution to hold all the reigns of authority
What are problems related to federalism?
Growing national debt, not all states are created equal, completion between states for federal tax dollars, federal aid is different based on population, and paying for national debt