Section 1.7-1.9 Test Flashcards
federalism
the sharing of powers between the national government and state governments
- based on rule of law and the balance between majority rule and minority rights
supremacy clause
Article VI; places national law, treaties, and presidential action above state authority
full faith and credit clause
Article IV; states must regard and honor the laws in other states
privileges and immunities clause
Article IV; citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
extradition clause
Article IV; states are obligated to deliver captured fugitive criminals back to the state where they committed the original crime
9th Amendment
rights not listed in the Constitution are reserved to the people
10th Amendment
the powers not delegated to the United States are reserved to the states
Article 1, Section 8
enumerated powers of Congress, including the necessary and proper clause
Article 1, Section 9
powers denied Congress; no regulating slave trade before 1808; states to be treated uniformly
Article 1, Section 10
powers denied to the states; including not passing bills of attainder (legislative acts declaring one guilty of a crime) or ex post facto laws (make an act illegal after one has committed it) and not suspending the writ of habeas corpus (the right to be formally charged after an arrest)
delegated/expressed/enumerated/exclusive powers
powers that are given only to the federal government
implied powers
powers of the national government that may be reasonably inferred from the Constitution (specifically the necessary and proper clause)
inherent powers
powers that exist for the national government because the government is sovereign
examples of national powers
- regulate foreign and interstate commerce
- coin and print money
- provide an army and navy
- declare war
- establish federal courts below the Supreme Court
- conduct foreign relations
- make all laws necessary and proper
- acquire U.S. territories and admit new states
- regulate immigration/naturalization
examples of concurrent powers
- levy taxes
- borrow money
- spend for general welfare
- establish courts
- enact and enforce laws
- charter banks
examples of state (reserved) powers
- regulate intrastate commerce
- establish local governments
- marriage laws
- operate schools
- administer elections
- powers related to the public’s health, welfare, and morals
- regulate corporations
police powers
powers to create and enforce laws on health, safety, and morals; given to states
Kelo v. New London, CT
5th Amendment, eminent domain
Defense of Marriage Act (1996)
defined marriage as between one man and one woman
Obergefell v. Hodges (2015)
ruled 5:4 that the right to same-sex marriage was guaranteed
14th Amendment
promises U.S. citizenship to anyone born or naturalized in the U.S.. privileges and immunities clause, equal protection clause
Commerce Clause
Article 1, Section 8, Line 3; gives Congress the power to regulate commerce with foreign nations and among the states
guarantees to the states under Article IV
- republican form of government
- protections against foreign invasions and domestic violence
- respect for the geographic integrity of states
revenue sharing/fiscal federalism
Congress collects federal tax revenues and distributes grants to the states to take care of particular concerns
grants-in-aid programs
Congress directs federal funds to states that qualify for aid and withholds funds when they do not; help states take care of basic needs
categorical grants
grants with particular congressional guidelines/requirements and strings (conditions of aid)
Morrill Land-Grant Act (1862)
allowed Congress to parcel out large tracts of land to encourage states to build colleges
1964 Civil Rights Act
outlawed discrimination based on race and withheld federal dollars from schools that did not fully desegregate their students
block grants
federal money given to states for broadly defined reasons; offer larger sums of money to the states without the strings of categorical grants
National Minimum Drinking Age Act of 1984
Congress offered large sums of money to states on the condition that states increase their drinking age to 21
South Dakota v. Dole
- the Supreme Court ruled that Congress did have the power to set conditions on the drinking age for states to receive federal dollars for highway repair and construction
- Congressional restrictions on grants to the states are constitutional if they are for the general welfare of the public and not ambiguous, conditions are related to the federal interest in particular national projects/programs, and it doesn’t involve Congress inducing states to engage in unconstitutional activities
mandates
require states to comply with a federal directive, sometimes with the reward of funds and sometimes without