Test 2 Flashcards
Division of Powers
Concurrent Powers
- levy and collect taxes
- borrow money
- establish courts and set punishments
- claim private property for public use
Division of Powers
National Powers
- coin money
- regulate interstate and foreign trade
- raise and maintain armed forces
- declare war
- govern US territories and admit new States
- conduct foreign relations
Division of Powers
State Powers
- regulate trade and business within the State
- establish public schools
- pass license requirements for professionals
- regulate alcoholic beverages
- conduct elections
- establish local governments
Bill of Rights
The First Ten Amendments
The Full Faith and Credit Clause
Ensures that the States recognize the laws and, documents and court proceedings of other States
Exceptions to the Full Faith and Credit Clause
(1) One State cannot enforce another State’s criminal lass
(2) Full Faith and Credit Clause need not to be given to certain divorces granted by one State to residents of another State
Extradition
- The legal process by which a fugitive from justice in one State is returned to that State
- Governors are the State executives that handle the extradition process
- If a governor is unwilling to return a fugitive to a State, federal courts intervene and order that governor to do so
- It is upheld through Article IV, Sec 2, Clause 2 of the Constitution
The Privileges and Immunities Clause
- Provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
- States cannot, pay lower welfare benefits to newly arrived residents than it does to its long-term residents
- States can draw reasonable distinctions between its own residents and those of other states
Expressed Powers
Found directly within the Constitution. (collect taxes, coin money)
Implied Powers
are not expressly stated in the Constitution, but are reasonably suggested or implied. (Necessary and proper clause)
Inherit Powers
Belong to the National Governments because it is the government of a sovereign state. (Immigration)
Reserved Powers
Powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States
Revenue Sharing
Used between 1972 & 1987, gave an annual share of federal tax revenues to the States and their local governments
Grants-In-Aid
Grants of federal money or other resources to the States and/or their cities, countries, and other local units
5 Ways the Constitution can be Informally Amended
- The passage of basic legislation by Congress
- Actions taken by the President
- Key decisions of the Supreme Court
- The Activities of Political Parties
- Custom
1 out of 3 Ways that Powers are denied to the National Government
- Some powers, such as the powers 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 out of 3 Ways that Powers are denied to the National Government
- Some powers are denied to the National Government because the silence of the Constitution.
3 out of 3 Ways that Powers are denied to the National Government
- Some powers are denied to the National Government because of the nature of the Federal System
Powers denied to the States
- some powers are expressly denied to the States in the constitution
- some powers are inherently denied to the states because the nature of the federal system
The Nations Obligation to the States
- Republican Form of Government
- Invasion an Internal Disorder
- Respect for Territorial Integrity
Republican Form of Government
- The Constitution requires the National Government to “guarantee to every state in this Union a Republican Form of Government.”
Invasion an Internal Disorder
- The National Government is also required to provide defense of the States from foreign invasion, and aid in protecting against “Domestic Violence” in the States.
Respect for Territorial Integrity
- The National Government is Constitutionally bound to respect the territorial integrity of each of the States.
Supremacy Clause
The supremacy clause (Art. VI, Sec 2) in the Constitution and United States Laws as the “Supreme Law of the Land.”
Admitting New States
Territory Asks Congress for Permission ⬇️ Enabling Act Passed by Congress ⬇️ Territory Prepared a Constitution 1. Constitutional Convention 2. Popular Vote ⬇️ Act of Admission 1. Passed by Congress 2. President signs Act
Interstate Compacts
No state may enter into a treaty alliance or confederation. however, the State may, with the consent of Congress, enter into interstate compacts-agreements among themselves and with foreign states
