Government Ch. 4

Why do both levels of government have the power to establish law enforcement agencies?

As there are separate federal and state laws, each level of government needs separate law enforcement agencies to ensure that its laws are obeyed

In 1812, Louisiana became the _____ State.

18th

Free & Reduced Lunch Programs are an example of what type of Federal Grants-in Aid?

Categorical Grants

Which type of federal grants-in-aid programs have lots of strings attached?

Categorical Grants

made for some specific, closely defined purpose (Ex: school lunches, construction of airports, and wastewater treatments

Categorical grant

The power to levy and collect taxes......

Concurrent Powers

Only ________ can admit new States.

Congress

The power to admit new States to the Union lies entirely with

Congress

The congressional powers specified, listed, and numbered in the Constitution in Article I, Section 8.

Enumerated Powers

Bubba committed a crime in Alabama and ran to Tennessee. The State of Alabama requested that Bubba be sent back to the State of the origin of the crime and the governor of Tennessee honored the request. This is an example of what type of clause?

Extradition

Congress can enact legislation that may supersede State authority and preempt State regulations because of the

Supremacy Clause

Congress can enact legislation that may supersede State authority because

Supremacy Clause

the provision declaring the Constitution to be the supreme law of the land

Supremacy Clause

an act creating a new State

act of admission

The Constitution places several obligations on the National Government for the benefits of the states. Most are found in Article IV:

- A republican form of government - Protection from invasion and internal disorder - Respect for territorial integrity

How do Federal organizations help many State institutions do their jobs?

- The FBI assists State and local police. - The U.S. military trains and equips State National Guard Units. - The federal government also pays local governments the equivalent of property taxes on federal land. - Census Bureau's data are essential to State & local school, housing & transportation officials as they plan for the future.

example of denied powers to the states:

-cannot tax imports or coin money, but the federal government can -No State can enter into any treaty, alliance, or confederation -No State can deprive any person of life, liberty, or property without due process of law

examples of powers that are shared by both levels of government:

-levy and collect taxes -borrow money -define crimes and set punishments -set environmental and health standards -claim private property for personal use -establish a police force -protect national borders

examples of reserved powers:

-setting the age without parental consent to marry -to ban the sale of pornography -outlaw prostitution -permit some forms of gambling -require that doctors and lawyers, hairdressers, and plumbers be licensed in order to practice in the State -establish public schools -enact land use laws -regulate the services and restrict the profits of such public utilities as natural gas, oil, electric power, and telephone companies -police power—the power of a State to protect & promote the public health, morals, safety, & welfare

Characteristics of federalism:

1. In the U.S. each of the two basic levels of government (federal & State) can make certain decisions and do certain things that the other level cannot. 2. Federalism promotes national unity, while giving States control over State & local matters. It allows local governments to handle local concerns while the national government deals with national issues. (major strength) 3. Federalism allows for experimentation & innovation in solving public policy problems. New approaches to difficult matters may start in one State & then be adopted in another. (Laboratories of government) 4. Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.

How does the Constitution deny certain powers to the federal government?

1. Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly, the powers to levy tax on exports; to take private property for public use without just payment; 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. 2. Other powers, like creating a national school system, enact uniform marriage & divorce laws, & set up units of local govt. are denied because they cannot be based on expressed powers. It denies power because the Constitution is silent. It only has powers the Constitution gives to it. 3. Finally, the national government cannot have powers that would threaten the existence of the federal system. Ex: In the exercise of its power to tax, Congress cannot tax any of the States or any of their local units in the conduct of their government functions. If it could, it would have the power to destroy—tax out of existence a State.

Strings attached to categorical grants:

1. Use the federal monies only for the specific purpose involved. 2. Make its own monetary contribution, often a matching amount but sometimes much less. 3. Provide an agency to administer the grant 4. Obey a set of guidelines tailored to the particular purpose for which the monies are given.

The only expressed power to the States is listed in Section 2 of the ______ Amendment which gives States unlimited power to regulate the manufacture, sale, and consumption of alcoholic beverages.

21st

Congress has admitted ____ States since the nation was founded.

37

Today there are more than ______ grant programs offering about $400 billion.

500

The national government is obligated to provide a republican form of government, protection from invasion and internal/domestic disorder, and respect for territorial integrity. This obligation is found in what part of the Constitution?

Article IV

Grants in aid to the States that help fund welfare programs

Block Grants

What type of federal grants-in-aid programs allow the States to spend the money more freely with few strings attached?

Block Grants

a grant given for a broadly defined purpose (made with fewer strings attached, so State & local governments have greater freedom in deciding how the money will be spent)

Block grant

Which choice is an example of the National Government assisting the State's?

FBI assistance to the State's

First time the Supreme Court held a State law to be unconstitutional

Fletcher v. Peck

Why federalism?

Framers wanted a stronger national government, but didn't want the central government to be too powerful. Governmental power poses a threat to individual liberty, therefore the exercise of governmental power must be restrained. Dividing governmental power, as federalism does, is to prevent its abuse.

States must recognize marriage licenses under which type of clause?

Full Faith & Credit

A military draft is an example of which type of power?

Implied

The power to regulate immigration & deport aliens is an example of which type of power?

Inherent

Agreements between States over the development and conservation of resources such as water, oil, wildlife, and fish, are examples of which type of relations?

Interstate Compacts

What is the purpose of the Necessary and Proper Clause?

It gives Congress the power to make any laws that are necessary and proper, and to meet the needs of the country as it grew.

Why was the McCullough v. Maryland case important?

It was the first case to recognize the Necessary and Proper Clause.

What was the importance of the Fletcher v. Peck case?

It was the first time the Supreme Court held a State law to be unconstitutional

the power of the States to enact their own laws in our federal system enables them to experiment with innovative solutions that could become a model for other States and for the nation as a whole

Laboratory of Government

How are land grants used?

Land grants were often used to establish schools, colleges, roads & canals, & flood control work.

The ____________ Territory was bought by President Thomas Jefferson from France in 1803. This purchase nearly doubled the size of the United States.

Louisiana

federal monies that go to local governments in those areas in which there are large federal landholdings. These payments (PILTs) are in lieu of the property taxes that those local governments cannot collect from the National Government. (Ex: TVA Reservation)

Lulu payments

In what landmark Supreme Court Case did the Court rule that when federal and State laws conflict the federal law wins if it is constitutional?

McCulloch V Maryland

Which landmark Supreme Court case recognized the importance of the Necessary & Proper Clause?

McCulloch V. Maryland

A lot of the State universities were founded as land-grant colleges. These schools were built with money that came from the sale of public lands given to the States by the ___________.

Morrill Act of 1862

Gives Congress the power to make all laws "necessary and proper" for carrying out its expressed powers, so it is said to stretch to cover many situations.

Necessary & Proper Clause

Which act set the rules for admitting new States to the U.S.?

Northwest Ordinance of 1787

set the rules for admitting new States. (It established the principle that U.S. territories could become equal members of the nation once they had a high enough population)

Northwest Ordinance of 1787

The University of Alabama charges higher tuition for out-of-State students and lower tuition for in-State students. This is an example of which type of clause?

Privileges & Immunities

Stacy is a medical doctor who is researching a cure for breast cancer. She uses what type of federal grant-in-aid to help fund her research.

Project Grants

a grant made to States, local governments, or private agencies that apply for funds to carry out a project or provide training

Project grant

Issuing a drivers licence is an example of what type of power?

Reserved

Congress may require a ______ to meet certain conditions before being admitted.

State

Which choice is an example of how the State's assist the National Government?

State's & local government pay for the election process.

7 Steps in the process of admission to the Union:

Step 1: the area desiring admission statehood first asks Congress for admission Step 2: If and when Congress chooses, it passes an enabling act Step 3: a territorial convention prepares the constitution Step 4: put to a popular vote in the proposed state Step 5: if voters approve the document, it is submitted to Congress for its consideration Step 6: if Congress still agrees to statehood after reviewing the proposed Constitution, it passes an act of admission Step 7: if the president signs the act, the new state enters the Union

Examples of a Project Grant:

The Department of Health & Human Services makes project grants through its National Institutes of Health to support scientists researching things such as cancer, diabetes, neurological disease, and other medical issues. Another example, training & employment programs.

According to the Supremacy Clause, which is the order of the "ladder of laws" in the United States, from top to bottom?

The US Constitution, acts of congress and treaties, state statutes, local laws

Implied power is found in Article 1, Section 8, Clause 18 which says:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

A condition for a prospective State's admission into the Union that would violate the Constitution, according to Coyle V. Smith (1911) would be to require

a new State legislature to convene in a specific city.

Which is an exclusive power of the national government?

acquire territory

The Privileges and Immunities Clause requires a State to

allow any American to become a resident of that State.

implied powers include:

building the interstate highway system, banning racial discrimination in public places, made it a federal crime of such acts as moving stolen goods, gambling devices, & kidnapped persons across State lines. The power to do so is implied upon the expressed power to regulate interstate commerce.

A new State (can, cannot) be made from the territory of any existing States without their consent

cannot

powers shared by the national and state governments (ex: power to tax)

concurrent powers

powers granted by the Constitution

delegated powers

assigning some powers to the federal government and others to the states

division of powers

an act directing the people of a U.S. territory to frame a proposed State constitution

enabling act

powers that can only be used by the national government (ex: power to coin money)

exclusive powers

the power of the draft (selective service) is implied upon the ___________ power to raise an army.

expressed

The power to regulate immigration & deport aliens is suggested by the

expressed power to regulate foreign trade

powers specified clearly in the Constitution

expressed powers

Three types of delegated powers:

expressed, implied, inherent

example of exclusive powers:

expressly denied to the States: power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports

a system of government in which a written constitution divides power between a central government and several regional governments

federalism

How does federalism promote unity?

gives States control over State & local matters. It allows local governments to handle local concerns while the national government deals with national issues

Extradition requests are usually received from and approved by State

governors

grants of federal money or other resources to the States and their cities, counties, and other local government units

grants-in-aid program

Examples of a block grant:

healthcare, social services, or welfare

According to the Constitution, the National Government may do any of the following EXCEPT

ignore the physical boundaries of each State

powers not specifically mentioned, but suggested by the expressed powers (ex: the Necessary and Proper clause)

implied powers

powers that belong to all independent national governments

inherent powers

A State recognizes divorces

only if granted by the State where the person is a legal resident

Which is a power denied to the States?

power to coin money

powers not given to the national government or denied to the states (ex: power to establish public schools)

reserved powers

Examples of a categorical grant:

school lunches, airport construction, or wastewater treatment plants

examples of expressed powers:

seen clearly in the Constitution: power lay & collect taxes, coin money, to regulate foreign & interstate commerce, to raise & maintain armed forces, to declare war, to fix standards of weights & measures, to grant patents, & copyrights

In the federal system, local governments are considered

subunits of State governments

One reason the Framers chose a federal system of government was that they believed

such a system was the best way to prevent abuse of government power

What are grants-in-aid based on?

the National Government's taxing power

Who settles conflicts between State and Federal laws?

the Supreme Court

The only expressed power given to the States listed in section 2 of the 21st Amendment is.........

the manufacture, sale, & consumption of alcohol

A power denied to the national government....

the power to determine divorce laws

Why do States often depend on grants? (Ex: These grants go towards education, mass transit, highway construction, healthcare)

to fund services, which increases the influence of the federal government in many policy areas.

example of inherent powers:

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