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Government > Federalism > Flashcards

Federalism Flashcards

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1
Q

Major strength of Federalism

A

allows for local action for local concerns and national action for national concerns

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2
Q

Delegated Powers

A

powers granted to the national government by the constitution

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3
Q

Our government is a government of…

A

Delegated powers

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4
Q

3 types of delegated powers

A

Expressed
implied
Inherent

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5
Q

Expressed delegated powers:

A

spelled out in so many words in the constitution – 27 powers
Examples: lay and collect taxes, coin money, and declare war, etc.

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6
Q

Implied delegated powers:

A

powers reasonably suggested, but not stated in the Constitution –
Also known as the “necessary and proper clause” or “elastic clause” –
There are thousands
Examples: labor-management relations, building of hydroelectric dams, and the building of the interstate highway system, etc.

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7
Q

Inherent delegated powers

A

powers given to the national government because it is a government of a sovereign state – (inherited)
Few in number
Examples: regulate immigration, to acquire territory, and grant diplomatic recognition, etc.

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8
Q

2 types of powers to the 50 states:

A

Reserved
Concurrent

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9
Q

Reserved Powers:

A

Those powers that the constitution does not grant to the national government are reserved to the states.
Examples: establish public schools, licenses, speed limits, police dept. Etc.

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10
Q

Concurrent Powers:

A

Powers that both the states and national government share
Examples: lay and collect taxes, setting up courts, and to define crimes/punishments, etc

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11
Q

Supremacy Clause:

A

resolves conflicts between the two levels of government by setting up a “ladder of laws”

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12
Q

Ladder of Laws:

A

Top rung:
U.S. Constitution
Acts of Congress/National laws
State Constitutions
State Laws
City/County/Local laws

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13
Q

acts as the umpire of the supremacy clause:
Makes rulings and all final decisions

A

The supreme court

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14
Q

The National government’s obligations to the States (required) - Article IV (3)

A
  1. Guarantee states a republican form of government” (representative)
  2. Protects states against foreign invasion and domestic violence: (make war/keep peace) (Attacks from other countries/terrorism, and riots at home and natural disasters)
  3. respect all state’s territorial integrity: (recognize states boundaries)
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15
Q

Procedure for admitting a new state: 5 steps

A
  1. The territory petitions Congress for admission
  2. Enabling Act passed – Congress gives the territory permission to write a state constitution
  3. Popular vote (people in the territory vote, do you want to become a state? Must be ¾ majority)
  4. Act of Admission – Congress agrees to grant statehood
  5. President signs it into law
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16
Q

Two types of Federalism in our history:

A

Dual Federalism
Cooperative Federalism

17
Q

Dual Federalism:

A

Government power was strictly divided by the states and national government – National government was very small

18
Q

Cooperative Federalism:

A

Established social programs to assist states with regulation – National government became very large

19
Q

1st federal government program to help the states

A

1st: Federal grants in-aid

20
Q

Federal grants in-aid

A

it was grants of land to start up schools/colleges and roads. (Provides over 250 billion dollars of aid per year)

21
Q

Today the Federal Grants in-aid consists of grants of money for different programs such as:

A

Education, Mass transit, highway construction, health care, etc.

22
Q

Types of federal grants: 3

A

Categorical grants
Block grants
Project grants

23
Q

Categorical grants:

A

money given for a specific purpose/programs such as college tuition, school lunch, water treatment, etc.

24
Q

Block grants

A

used for large broad programs such as welfare and medicare/aid

25
Q

Project grants:

A

Used for projects such as medical research (cancer/aids) – given to private and government agencies

26
Q

2nd federal government program to help the states

A

FBI assists state and local police

27
Q

3rd federal government program to help the states

A

Trains the National Guard for the states

28
Q

4th federal government program to help the states

A

takes a census for the states

29
Q

How do states assist the federal government? (3 programs)

A
  • State and local police help the FBI
  • States run the naturalization immigrant program
  • States run all national elections
30
Q

Ways in which states help each other (4 programs)

A
  1. interstate compacts
  2. Full faith and credit
  3. Extradition
  4. Privileges and Immunities
31
Q

Interstate compacts: (What is it and deals with what 4 issues)

A
  • Agreements among 2 or more states/foreign states
  • Deals with issues such as:
  • Conservation of resources (water, oil, wildfire)
  • Fighting forest fires
  • Combat water/air pollution
  • Harbor Control
32
Q

All 50 states have joined in what 2 interstate compacts:

A
  1. Compact for the supervision of parolees and probationers
  2. Compact on juvenile delinquents
33
Q

Full faith and credit:

A

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

34
Q

2 exceptions to Full Faith and Credit

A
  • Quickie Divorces
  • One state does not enforce another state’s criminal laws
35
Q

Extradition

A

The legal process by which a fugitive from justice in one state is returned by another state
- Prevents fugitives from escaping justice

36
Q

Privileges and immunities

A

States cannot draw unreasonable distinctions (discrimination) between their own residents and residents of other states.
Must allow them to buy, own, rent, or sell property, or marry within its borders, make contracts, etc.

37
Q

Reasonable distinctions: (4 ways in which a state can discriminate)

A
  • Cant vote
  • Cant hold public office
  • Cant practice law, medicine, teach etc (without state certification)
  • Charge more for college tuition/hunting and fishing licenses, etc.

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