Chapter 4 Government
full faith and credit clause
makes sure judicial decrees and contracts made in one state will be binding and enforeable in any other state. A contract signed in one state must be recognized and honored by officials in other states, drivers licenses if you're passing through, and marriage licenses, every person should be treated equally
taxation, pay for the federal government to go towards federal purchases
most extensive expressive power
national
government that is prohibited from splitting up states that already exist or changing state boundaries in anyway, but can admit new states
implied
not specifically listed in constitution, logical extensions of expressed powers, necessary and proper clause (elastic clause) building and regulation of food
not mentioned in the constitution, local governments is a power reserved for the states
how do local governments fit into our federal system?
poverty, homeland security, environment, immigration, health care
issues with federalism today
cannot coin money or tax imports and exports from other states, have their own armies, starting their own war, enter into treaties
laws denied to states
republican
one in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.
delegated
power to coin money, regulate commerce with foreign nations and interstate; legislative branch, can declare war
concurrent powers
powers shared by both state and national government; regulating elections, taxing, borrowing money and establishing courts.
inherent
powers that historically have become recognized as naturally belonging to all governments that conduct the business of a sovereign nation
privileges and immunities clause
prevents states from discriminating against the citizens of other states. Enforces equality. A New Yorker visiting NC should receive the same amount of police protection. Reduced tuition for in-state university students
Categorical grant
Grants made for some specific closely defined purpose. Many conditions attached
Project grant
Grants made to states, cities, and even private agencies or specific projects. Competitive application process
fiscal federalism
A system of spending taxing and providing aid in the federal system
16th amendment
Allows the federal government to collect income tax, main source of nations income
Dual federalism
Both state and national governments were equal authorities operating within their own spheres of influence as defined by a strict reading of the constitution.
Congress can make any law it needs to, in order to carry out its enumerated powers. Allows the government to stretch beyond its literal description
Elastic clause relationship to expressed powers?
block grant
For some particular, but broadly defined, area or public policy. fewer strings
Cooperative federalism
Marketed by believe that all of us of government should work together to solve problems such as poverty. During the great depression the national government created the Works progress administration to give unemployed workers jobs.
In McCulloch v. Maryland, McCulloch refused to pay the tax the state of Maryland put on the Federal Bank. The Supreme Court ruled that Maryland did not have the power to tax the Federal Bank. Due to the Supremacy clause, the Constitution is the supreme law of the land, states can not create laws affecting federal laws.
McCulloch v. Maryland
Federal mandates
National government demands that states carry out certain policies as a condition of receiving grant money. Sometimes these are 'unfunded mandates.' The government gets the power for mandates by tying it to the constitution somehow.
steps for admitting new states
State petitions Congress for admission, Congress agrees to framing of proposed Constitution, Convention prepares Constitution; popular statewide vote, Voters approve; Constitution submitted to Congress, Congress agrees to statehood and Constitution; passes act of admission, President signs act, new state enters the Union
they can experiment with innovative policy ideas. This allows other states and the nation as a whole to see if the new ideas work or not before they adopt them.
States as laboratories of democracy
supremacy clause
The Three items of importance are : a) The U.S. Constitution, b) the laws of the United States and c) its Treaties The US Constitution was the supreme law of the land
elastic clause
The constitutional source for implied powers, given its name because it has been used to stretch the powers of congress
protect the states, grant equal representation in senate, no taxation w/o representation, equally treated, guarantee every state into the union & republican form of gov
What responsibilities does national gov have to states?
referendum
a general term which refers to a measure that appears on the ballot.
recall
a procedure that allows citizens to remove and replace a public official before the end of a term of office.
initiative
a process that enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot.
federal grants
categorical, block, and project; derived from land grants; provides federal money or other resources to the states and or their cities, countries or other local units
powers the Constitution denies to the national government. May not violate the Bill of Rights & May not impose export taxes among states
denied powers
not specifically mentioned in the constitution, belong with the states because the constitution neither delegates these powers to the national government nor prohibits them to the states
reserved powers
defended the people, freedom with strong central gov, unified
strengths of federalism
federalism
system of government in which power is divided among central gov and territorial subdivisions. US: national, state, & local gov
extradition
the official process whereby one country transfers a suspected or convicted criminal to another country. treaties with other countries in order to try and prevent criminals from escaping prosecution for their crimes.
10th amendment/reserved powers
the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
took power away from state governments
weaknesses of federalism
Each state has a republic for of government, protect states from invasion, and respect the territorial integrity.
what does the national government owe the states?
national government
who is responsible in responding with military force to 9/11 and other terrorist attacks? (foreign invasion and domestic uprisings)
deliver the stability and economic unity that the young nation needed
why was federalism founded?