Government Chapter 4
(True/False) The Constitution outlines the basic scheme of the American federal system
True
(True/False) With the consent of Congress, States may enter into agreements among themselves
True
True/False: Conflict among the States WAS A MAJOR REASON for adopting the Constitution
True
True/False: One State CANNOT enforce another State's criminal law
True
Does not fit: governor, mayor, city council member, US senator
US senator does not fit
Example of a condition of admission
Utah (UT) had to drop the belief of polygamy to be admitted
Inherent Powers
Powers needed by a national government because it is a government
Compel church attendence
Powers denied both to the national government and the state government
Expressed Powers
Powers directly stated in the Constitution
Exclusive Powers
Powers exercised only by the national government--most of these are delegated powers
Since McCulloch Vs Maryland, how many state laws have been found to be unconstitutional
1,000
Examples of Federal Grants-in-Aid Programs
1. Aid education (Head Start, Chapter 1) 2. Highway construction and maintenance 3. Aid to dependent children 4. School lunch programs 5. Mass transit facilities 6. Urban renewal and rebuilding of slums 7. Law enforcement 8. Federal land grant colleges (Brookings agricultural research, Morrell Act of 1862 created these) 9. Health care
Powers denied to the States
1. Can't coin money 2. Can't enter into treaties 3. Can't raise armed forces 4. Can't create agencies 5. Can't tax federal agencies
Express powers denied to the National Government
1. Can't tax exports 2. Can't deny a trial by jury 3. Can't grant titles of nobility 4. Can't deny Bill of Rights
Order of Supremacy
1. Constitution 2. Acts and laws or treaties passed by the US Congress 3. State constitutions 4. State laws passed by a state's congress 5. Local laws
How to become a new state
1. Must apply for statehood 2. Congress will pass an Enabling Act 3. The state constitution must then be approved by popular vote by citizens of the territory 4. If the Constitition is approved, congress will then pass an Act of Admission
The Constitution doesn't say anything about what
1. No national school 2. No national marriage or divorce laws
Examples of Concurrent Powers
1. Power to lay and collect taxes 2. Define crime and punishments 3. Condemn or take private property for public use
Examples of Reserved Powers
1. Regulate occupational licenses 2. Set drinking age 3. Seat belt laws 4. Speed limits 5. Marriage and divorce laws 6. Schools 7. Gambling
Example of Inherent Powers
1. Regulating immigration 2. Deport aliens (foreigners) 3. Receive and send diplomats/extend diplomatic relations with foreign countries 4. To acquire territory 5. Being able to protect your nation against rebellions that might occur or from outside forces
The Federal government has 4 obligations to the states, what are they?
1. The federal government has to guarantee every state a republican form of government 2. To protect states against foreign invasion 3. Protection from domestic violence 4. Respect for geographic identity
Expressed Powers Include
1. To lay and collect taxes 2. To raise and maintain armed forces 3. To declare war 4. To coin money/create and print money 5. To regulate foreign and interstate commerce 6. To borrow money 7. To grant copyrights and patents 8. To fix standards of weights and measures 9. To grant reprieves and pardons
This arrangement (the federal system) provides for ___ basic levels of government.
2
The 10th amendment allows for
2 levels of government
Implied Powers
Are powers needed by the government to carry out expressed powers
What article and section of the Constitution contains the Supremacy Clause?
Article 6, Section 2
______ basically says that the government is allowed to make grant programs
Article I Allowed to tax and provide for the general welfare of the people
Who was the Chief Justice of the Supreme Court in 1819?
Chief Justice was John Marshall
Define and punish crimes
Concurrent Powers
Levy taxes
Concurrent Powers
State and national taxes on cigarettes are increased
Concurrent power of the national Government and the States
The sole power to admit new States to the Union is vested in...
Congress
Condition of Admission
Congress sets forth certain conditions because each state enters the Union on equal footing
What is the "Supreme law of the land"
Constitution
What is the topmost rung of the "ladder of laws" in the US?
Constitution
Delegated Powers
Powers granted by the constitution to the national government--the people give the national government these powers
_______, or the involvement of people in the governing process, is not necessarily a part of _______.
Democracy, Federalism
Fix uniform standards of weights and measures
Exclusive Powers
Regulate interstate commerce
Exclusive Powers
Declare war
Expressed Powers
Establish post offices
Expressed Powers
Grant patents and copyrights
Expressed Powers
Types of delegated powers
Expressed Powers, Implied Powers, Inherent Powers
President Reagan orders peacekeeping troops into Lebanon
Expressed power of the National Government
The return of a fugitive to the State from which he fled when demanded by the proper executive authority is known as
Extradition
(True/False) The Constitution does not prohibit the States from Coining money
False
(True/False) The power to regulate naturalization (i.e., confer citizenship) is a concurrent power
False
True/False: The strengthening of the Federal Government under the Constitution GREATLY INCREASED interstate friction over commerce
False--Decrease
True/False: The Supreme Court ruled in WILLIAMS VS. NORTH CAROLINA that a governor cannot be forced to act in an extradition case
False--Kentucky vs Dennison
True/False: States have made FEW compacts since the mid 1930s
False--Many
True/False: The Port of New York Authority was created through a compact between New York and PENNSYLVANIA
False--New Jersey
Government in which a constitution divides power on a territorial basis is called a _________ system
Federal
An example of Cooperative Federalism
Federal Grants-in-Aid Programs
Reserved Powers
Powers held by the states
McCulloch Vs Maryland
First time the Supreme Court had to settle a dispute between state law and national law
Pardons
Forever forgiveness
When one State recognizes the validity of the public records of another State, it is giving them
Full Faith and Credit
The process by which the National Government gives funds to the States on a categorical basis (i.e., to support particular programs) is known as
Grants and Aid Programs
Guaranteed or not: a republican form of government
Guaranteed
Guaranteed or not: equal representation in the Senate
Guaranteed
Guaranteed or not: help in putting down riots if requested by the legislature
Guaranteed
Guaranteed or not: protection against domestic violence
Guaranteed
Guaranteed or not: protection against foreign invasion
Guaranteed
Guaranteed or not: recognition of a State's legal existence and physical boundaries
Guaranteed
Guaranteed or not: representation in both houses of the United States Congress
Guaranteed
Guaranteed or not: territorial integrity
Guaranteed
The 10th amendment creates the ______ powers
Implied
Making river and harbor improvements
Implied Powers
Regulate labor-management relations
Implied Powers
NASA launches a new space telescope
Implied power of the National Government
Example of Implied Powers
In the constitution, it doesn't specifically state the government is allowed to create the IRS, but they are allowed to lay and collect taxes and therefore are allowed to create the IRS because it is a "necessary" or "proper" agency needed to help the government help them do their duty
Acquire territories
Inherent Powers
Extend diplomatic recognition
Inherent Powers
The US State Department sends a delegation to Vietnam to discuss establishing diplomatic relations
Inherent power of the National Government
Enabling Act
It gives a territory the permission to form a state Constitution
_____ actions may be taken in matters of local interest, while matters of concern to the entire country are dealt with by a _______ Government.
Local, National
In what historic case did the Supreme Court first declare state laws must yield to national laws?
McCulloch vs Maryland
Name the case which the Supreme Court was first called on to settle a clash between a national and a state law
McCulloch vs Maryland
Guaranteed or not: a bicameral legislature
Not
Guaranteed or not: an equal share of all funds spent by the National Government
Not
Guaranteed or not: at least one national park
Not
Guaranteed or not: clean air and water
Not
Guaranteed or not: free public schools
Not
Guaranteed or not: permanent protection by a national police force
Not
Congress requires that all students pray in public schools
Power denied both the National Government and the States
Cooperative Federalism helps to ease the
Power struggle between States and the National Government
Does not fit: income tax, regressive tax, sales tax, property tax
Regressive tax does not belong
Establish public schools
Reserved Powers
Regulate marriage and divorce
Reserved Powers
California establishes a state lottery
Reserved power of the States
Does not fit: grant-in-aid, local matching funds, block grant, revenue sharing
Revenue sharing does not belong
Concurrent Powers
Shared between the state and national government
What has been called the "linchpin of the constitution"?
Supremacy Clause
Reprieves
Temporary, "we won't punish you today"
Supremacy Clause
The US Constitution and the laws and treaties of the US are the supreme law of the land
Federalism
The division of power between national and state and local governments
(True/False) The Constitution forbids the National Government the power to levy an export tax
True
Does not fit: categorical grant, grant-in aid, conditional grant, block grant
block grant does not fit
Condemn private property for public use
concurrent Powers