Government Chapter 4 Reading Quiz

t or f: the american system of government stands as a primes example of federalism

true

t or f: the constitution provides for a division of powers between the national government and the governments of the 50 states

true

t or f: the welfare reform act passed by congress in 1996 affords a useful illustration of the point

true (idk what point)

fact

federalism allows individual states to handle state and local matters, it also provides for the strength that come from the union

t or f: does each basic level of government have its own substantial set of powers

True

t or f: each level of government operates through its own agencies and acts directly through it own officials and laws

True

interstate commerce

a trade conducted between and among the various states. each of the states decides for itself whether those who commit certain crimes in that state can be put to death

interstate compacts

agreements among themselves and with foreign states

the supremacy clause (linchpin of the constitution)

because it joins the national government and the states into a single governmental unit, a federal government. it's the provision in the constitution that makes the complex federal system a working reality.

most of the powers that the constitution delegates to the national government are exclusive powers which

can be exercised only by the national government; they cannot be exercised by the states under any circumstances

fact

federalism produces a dual system of government, one in which two basic levels operate over the same people and the same territory at the same time.

exercises of implied powers (only a few)

congress has provided for the regulation of labor management relations, the building of hydroelectric power dams, and the building of the 42,000 mile interstate highway system. it has made federal crimes of such acts as moving stolen goods, gambling devices, and kidnapped personas across state lines, it had prohibited racial discrimination in granting people access to such places as restaurants, theaters, hotels and motels. congress has taken these actions and many more because the power to do so is reasonably implied by just one of the expressed powers: the power to regulate interstate commerce

the national government is a government of

delegated powers. the government has only those powers delegated to it in the constitution

fact

each state enters the union on an equal footing with each of the other states. Although congress can set certain conditions like those just described it cannot impose conditions of a political nature.

fact

each state must recognize the right of any American to travel in or become a resident of that state. it must allow any citizen, no matter where he or she lives, to use its courts and make contracts; buy, own, rent, or sell property; or marry within its borers

t or f: federalism does not allow for differing circumstances among the states

false, federalism does allow for differing circumstances among the states

Powers denied to the federal government: SECOND

several powers are denied to the national government because of the silence of the constitution. the national government is a government of delegated powers; it has only those powers the constitution gives to it. The national government MAY NOT create a public school system for the nation enact uniform marriage and divorce laws,and set up local government.

block grants

have come into wide use over the last several years. they are made for much more broadly defined purposes than are categorial grants - for healthcare, social services, or welfare. made with less string attached so the States and national governments have more freedom in deciding how and where they want to spend their money

fact

intergovernmental cooperation is a two way street. that is, the states and their local governments also aid the national government in many ways. when the state holds an election, they are financed with state and local funds.

Federalism

is a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several region governments, usually called states or provinces

federalsim produces a dual system of government.

it provides for two basic levels of government each with its own field of authority and each operating over the same people and the same territory at the same time.

powers denied to the federal government: FIRST

levy duties on exports; to take private property for public use without the payment of just compensation to prohibit freedom of religion, speech, press, or assembly; to conduct illegal searches or seizures; and to deny to any person accused of a crime a speedy and public trial or a trial by jury

categorial grants

made for some specific, closely defined purpose for school lunches or for the construction of airports or wastewater treatment plants. categorial grants are usually made with conditions attached.

privileges and immunities clause

means that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in another state

fact

most of what is done in this country today is done by the states (and their local governments), not by the national government

full faith and credit clause

most often comes into play in court matters.

fact

no state can enter into any treaty, alliance, or confederation says the constitution

implied powers

not expressly stated in the constitution, but they are reasonably suggested - implied- by the expressed powers

fact

only congress has the power to admit new states to the union, and the constitution places only once restriction on that power: a new state cannot be created by taking territory from one or more of the existing states without the consent of the legislature of the states involved.

fact

perhaps the best known examples of this intergovernmental cooperation are the may federal grants in aid programs - grants of federal money or other resources to the States and their cities, countries, and other local units. these grants help the states perform a large share of their everyday function.

expressed powers

powers delegated to the national government in so many words spelled out, expressly, in the constitution (sometimes called enumerated powers)

some of the powers delegated to the national government are concurrent powers -

powers that both the national government and the states possess and exercise (powers include-levy and collect taxes,to define crimes and set punishments for them, and to condemn private property for public use) these are powers that the constitution does not grant exclusively to the national government, and does not deny to the states.

public acts

refers to the laws of a state- birth certificates, marriage licenses, deed to property, car registrations

necessary and proper clause

says Congress has the power to "make all laws which shall be necessary and proper for carrying into Execution". also called the elastic clause because over time it has been stretched to cover many different situations.

fact

the supreme court is the umpire in the federal system. one of its chief duties is to apply the constitution's supremacy clause to the conflicts that the dual systems of gov. inevitably produces.

fact

there are three distinct types of delegated powers: expressed, implied, inherent

fact

there are two basic levels in the federal system: national government and state governments

project grants

these are greants made to States, localities, and sometime private agencies that apply for the grants. the department of health and human services makes many project grants.

powers denied to the federal government: THIRD

some powers are denied to the national government because of the federal system itself. congress cannot tac any of the states or any of their local units in the conduct of their various governmental functions. if it could, it would have the power to destroy - tax out of existence - one or more, or all, of the states

fact

the concurrent powers are held and exercise separately and simultaneously by the two basic levels of government.

fact

the concurrent powers are those powers that make it possible for a federal system of government to function

fact

the constitution and the laws and treaties of the US are "the supreme law of the land". this means that the constitution ranks above all other forms of law in the US.

fact

the constitution delegates certain powers to the national government, it also denies certain powers to that level of government in order to keep federalism intact.

fact

the constitution denies many powers to the national government so it denies many powers to the states.

fact

the constitution does not grant expressed powers to the state

fact

the constitution makes provisions for those who flee to another state to avoid punishment for a crime

fact

the constitution requires the national government to "guarantee to every state in this union a republican form of government". republican form of government = representative government.

fact

the full faith and credit clause is regularly observed and it usually operates routinely between the states. it applies only to civil not criminal matters. the person obtaining the divorce has to be a resident of that state

exercises of inherent powers

the inherent powers are few in number. the major ones include the powers to regulate immigration, to deport aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government by force or violence

extradiction

the legal process by which a fugitive from justice in one state can be returned to that state. designed to prevent a person from escaping justice by fleeing a State

fact

the national government is constitutitonally bound to respect the territorial inegrity of each of the states. the national government must recognize the legal existence and the physical boundaries of each state.

fact

the new States would soon join the original 13 as members of the new US was generally accepted as a fact in the 1780s. the congress of confederation meeting as the framers were drafting what was to become the constitution, enacted the northwest ordinance of 1787.

fact

the northwest ordinance was readopted by the new congress under the constitution in 1790 and it served as the basis for later legislation regarding the nation's territorial possessions

fact

the ordinance anticipated the creation of new states in what was then known as the northwest territory - roughly defined area lying north of ohio river and west of new york, pennsylvania, and virginia.

powers granted to congress thru expressed powers

the power to lay and collect tax, to coin money,to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards of weights and measures, to grant patents and copyrights, and do many other things

fact

the privileges and immunities clause does allow states to draw reasonable distinctions between its own residents and those of other States. thus any state can require that a person live in a state for a certain amount of time before they can vote or hold public office.

fact

the reserved powers include the vitally important police power, the power of a state to protect or promote the public health, the public morals, the public safety, an the general welfare

fact

the sphere of powers held by each state - the scope of the reserved powers - is huge. the states can do all things listed on (p99) because the constitution does not give the national government the power to do those things and it does not deny the states the power to do them.

fact

the states can with the consent of congress enter into interstate compacts

the tenth amendment states that the States are governments reserved powers. reserved powers are

those powers that the constitution does not grant to the national government and does not at the same time deny to the States

inherent powers

those that belong to the National Government because it is the national government of a sovereign state in the world community. Although the constitution does not expressly provide for them, they are powers that, over time, all national governments have come to posses.

fact

today it is clear that an invasion of any one of the states would be met as an attack on the US itself. before the states(13 colonies) agreed to give up their war making powers, each demanded an attack on any of the states would be met as an attack on all of them.

t or f: in the american federal system each of the two basic levels of government can make certain decisions and do certain things that the other level cannot

true

t or f: only the federal government can regulate interstate commerce

true

states getting admission to the union

usually simple. must go thru congress, enabling act, if it gets enough votes it is sent back to congress for reconsideration. if congress still agrees to the statehood after reviewing the proposed constitution it passes an act of admission, creating it a new state.