Test 2 Flashcards
Interstate compacts
No state may enter into any treaty, alliance, or confederation (however the states may, with congress’ consent, enter into interstate compacts-agreements among themselves and with foreign states
Full faith and credit clause
ensures that states recognize the laws, documents, and proceedings of other states. There are 2 exceptions-1.one state cannot enforce another states criminal laws 2. full faith and credit need not be given to certain divorces granted by one state to residents of another state
Extradition
- a legal process by which a fugitive from justice in one state is returned to that state 2. is upheld through article 4 section 2 clause 2 of the constitution 3. governors are the state executives that handle the extradition process 4. if a governor is unwilling to return a fugitive to a state federal courts can intervene and order the governor to do so
Privileges and immunities clause
provides that no state can draw unreasonable distinctions between its residents and those people who happen to live in other states
ex. states cannot pay lower welfare benefits to newly arrived residents than it does to long-term residents- saens c. roe 1999. however states can draw reasonable distinctions between its own residents and those of other states, such as charging out of state residents higher tuition for state universities
Admitting new states
territory-asks congress for permission ->enabling act-passed by congress->territory prepares for constitution 1.constitutional convention 2. popular vote->acts of admission 1. passed by congress 2. president signs act
Nations obligations to the state
- republican form of government (a.)constitution requires nation government to “guarantee to every state in this union a republican form of government” 2. invasion and internal disorder (a.)national gov is required to provide defense of the states from foreign invasion and aid in protecting against ‘domestic violence’ in the states 3. respect for territorial integrity (a.)national gov constitutionally bound to respect the territorial integrity of each of the states
Expressed powers
Those found directly within the constitution (collect taxes, coin money)
implied powers
not expressly stated in the constitution but are reasonably suggested or implied (necessary and proper clause, art 1 sec 8, clause 18
Inherent powers
belong to the national gov because it is the government of a sovereign state (immigration)
reserved powers
powers that the constitution does not grant to the national gov and does not, at the same time, deny to the states
concurrent powers
levy and collect taxes, borrow money, establish courts, define crimes and set punishments, claim private property for public use
four ways the constitution can be formally amended
- amendment is proposed (a)proposed by congress by 2/3 vote in both houses(senate and house of representative) (B) proposed at a national convention called by congress when requested by 2/3 of the states legislatures 2.amendment is ratified (a)ratified by the state legislature of 3/4 (38) of the state (b) ratified by conventions held in 3/4 of the states
5 ways the constitution can be informally amended with an explanation
The passage of basic legislation by congress 2.actions taken by the president 3.key decisions of the Supreme Court 4. the activities of political parties 5. custom
3 ways that powers are denied the national government
some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the national government in the constitution 2.some powers are denied to the national gov because of the silence of the constitution 3. some are denied to the nat. gov. because of the nature of the federal system
2 ways that powers are denied to individual
- some powers are denied to the states in the constitution 2.some powers are inherently denied to the states because of the nature of the federal system
