Chapter 4 Test Prep

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What are the 3 types of powers granted to the National Government?

1)Delegated 2)Implied 3)Inherent

obligations of the states

Article 2 (section 1) the International Covenant on Economic, Social and Cultural Rights requires States "to take steps" to the maximum of their available resources to achieve progressively the full realization of economic, social and cultural rights. The Covenant also requires States to guarantee the enjoyment of economic, social and cultural rights without discrimination and to ensure the equal right of men and women to the enjoyment of these rights. Other treaties or constitutions word obligations differently and even include specific actions that States must take, such as the adoption of legislation or the promotion of these rights in public policies.

full faith and credit

Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause", addresses the duties that states within the United States have to respect the public acts, records, and judicial proceedings of every other state.

the supremacy clause

Article VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

specific Concurrent Powers

Concurrent means at the same time, in this case concurrent powers are those that both the federal and state governments have simultaneously.

three types of national government powers and what they are?

Expressed: those powers directly stated in the Constitution of Founders Implied: The authority that the national gov. requires to carry out the powers (elastic clause) Inherent: that the national government may exercise simply because its the government

Federalism

Federalism is a method of government that allows two or more entities to share control over the same geographic region. Each person in the United States is subject to the laws of that city, county, state and our federal government.

how states are admitted

New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

What are state powers called

Powers given to the states are called reserved powers

guarantees of the states

Such as protection from foreign invasion continued Congress's prior obligation under the Articles of Confederation. This guarantee is a part of the larger doctrine, reflected in both the Articles and the Constitution, that although the federation may be decentralized internally, it is to have a common foreign policy and present a unified face to the outside world.

privileges and immunities

The Privileges and Immunities Clause U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause prevents a state from treating citizens of other states in a discriminatory manner.

10th amendment

The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. The amendment says that the federal government has only those powers specifically granted by the Constitution.

who benefits from the 10th amendment?

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.

extradition

Through the extradition process, a sovereign the requesting state typically makes a formal request to another sovereign the requested state. If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process.The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state.

specific National Powers (delegated)

To delegate means to specifically assign, in this case delegated powers are those powers specifically assigned to the Federal Government. The founding fathers feared a national government that would overstep its bounds, so they took care to only allow the national government very specific powers. These are also referred to as enumerated powers.

specific State Powers (reserved)

To reserve is to save, in this case all powers not specifically delegated the Federal Government are to be reserved or saved for the State Governments.


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