US Government Chapter 4 Study Guide

Explain the process for admitting new States to the Union

Area desiring Statehood asks Congress for admission If Congress chooses to allow it, they pass an enabling act, which directs the people of the territory to frame a proposed State Constitution A Convention prepares the constitution, which is then put to a popular vote in the proposed State If approved, it is submitted to Congress for consideration If Congress agrees, it passes an act of admission An act creating the net State When (if, technically) the President signs the act, the new State enters the Union

Full Faith and Credit Clause

Article IV, Section 1 "Full faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other State" Public acts = laws Records = official documents Proceedings = outcome of court cases

Privileges and Immunities Clause

Article IV, Section 2, Clause 1 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States Each state must recognize the right of any American to travel in or become a resident of that State Must allow any citizen to use its courts and make contracts; buy, own, rent, or sell property; or marry within its borders However, it can draw reasonable distinctions between its own residents and those of other states Need to live within the State before they can do certain things within their state

Extradition

Article IV, Section 2, Clause 2 "A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime" Legal process by which a fugitive from justice in one state is returned to that State Interesting point: From 1861-1980's, "shall" really meant "may", so States weren't forced to turn over fugitives if they didn't want to.

Supremacy Clause

Article VI, Section 2 The Supremacy Clause "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding"

Concurrent Powers

Authority possessed by both state and national governments and exercised concurrently (at the same time) as long as that power is not exclusively within the scope of national power or in conflict with national law. EX:

Identify powers delegated to and denied to the National Government

Delegated to the National Government: Inherent Powers (Powers presumed to be given to the National Government), Expressed powers, implied powers Denied to the national government: Congress cannot Favor one state over another in regulating commerce, Cannot lay duties on items exported from any state, Cannot pass a bill of attainder, No ex post facto laws

Define extradition and explain its purpose

Extradition means that if you commit a crime in one state and flee to another, you should be returned to the state in which you committed the crime. The purpose of this is to ensure that state lines do not get in the way of justice. For example, if something is illegal in one state, and you break that law, but that same something is NOT illegal in another state, and you flee to that other state, you are still in violation of the law in the state in which it is illegal, and you must therefore be returned to that first state to be tried and punished accordingly.

Federalism

Federalism is a system of government in which a written constitution divides the powers of government of a territorial basis between a central (or national) government and several regional governments (states)

Block Grant

Grant with very few strings attached, created for much more broadly defined purposes EX: Health care, social services, welfare

Project Grant

Grants made to States that apply for them. Mainly used in the Department of Health and Human Safety to support scientists engaged in research on medical conditions

Grants-in-aid Program

Grants of federal money or other resources to the States and/or their cities, counties, and other local units. These grants often help local governments, as they are usually in more need of money. (Such as congress setting aside money for Education)

Explain the place of local governments in the federal system

Local government is the third and lowest tier of government. The only obligation of state and local governments is to ensure that their own laws do not directly contradict the laws of the federal government.

Categorical Grant

Made for a specific, closely defined purpose. States must: -Use the federal monies only for the specific purpose involved -Make its own monetary contribution -Provide an agency to administer the grant -Obey a set of guidelines tailored to the particular purpose for which the money is given EX: School lunches, building airports

Exclusive Powers

Powers of government that can be exercised by the National Government only

Summarize the obligations that the Constitution places on the nation for the benefit of the States

Protection from invasion and internal disorder Respect for Territorial Integrity National Government must recognize the existence and physical boundaries of each state

Explain why the Framers chose federalism

The Framers chose federalism because they felt that governmental power would inevitably infringe on personal liberty, and therefore implemented a system that would divide and restrict the government's power.

Understand the purpose of the Full Faith and Credit Clause

The full faith and credit clause essentially says that a law regarding public acts, records, and proceedings in one state DOES NOT CHANGE when you go into another

Implied Powers

The implied powers are not expressly stated in the Constitution (are reasonably suggested)

Discuss the purpose of the Privileges and Immunities Clause

This clause essentially says that one state cannot, under any circumstances, discriminate against a citizen of another state. The purpose of this clause is to keep the unity of the nation as a whole intact, even though we are split into different states.

Expressed Powers

Those powers specifically spelled out in the Constitution

Explain why States make interstate compacts

To make sure that there's no tension between the states.

Interstate Compact

With the consent of Congress, States can make agreements among themselves and with foreign states EX: Compact on Juveniles

Reserved Powers

powers the Constitution does not grant the national government, and does not deny them to the states A.K.A.: If the national government can't do it, the states can