Government

•According to the Constitution, what must the National Government guarantee to each State?

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

What must a territory do once an enabling act is passed by Congress?

-An area desiring Statehood first asks Congress for admission. If Congress agrees, it passes an enabling act. -The territory must then hold a convention to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress.

Division of powers

Certain powers are assigned to the national gov't and reserves the others to the States. 10th amendment

Powers denied to the Federal Government

Expressly denies power to levy duties on exports, to take private property for public use without compensation, to prohibit freedom of religion, speech press, assembly, to conduct illegal search and seizures, deny speedy trial and public trial or trial by jury. Others create public school system, enact marriage and divorce laws, set-up local government.

Necessary and Proper Clause/ Elastic Clause

Implied Powers. Article 1 Sec 8 clause 18 gives Congress the " necessary and proper power". The clause says Congress has the power " to make all laws which shall be necessary and proper for carrying into Executive " the powers given to it by the Constitution. It has been stretched to cover many situations.

Inherent powers

Powers that belong to the National Government because it is the national governments of a sovereign state. All national governments have come to possess. Examples: power to regulate immigration, deport aliens, acquire territory, grant diplomatic recognition to other states, protect the nation against rebellion.

Federalism

System of government has a written constitution that divides powers government on a territorial basis, between a central government and several regional governments. Usually states or provinces.

Delegated powers

These are the powers of the national government. It only has the powers given to it by the Constitution. There are expressed implied and inherent.

Implied powers

These powers are not expressly stated in the Constitution but they are reasonably suggested - implied by the expressed powers.

Expressed Powers/ Enumerated Powers

These powers are spelled out in the Constitution. Also called enumerated powers. Article I, section 8- gaves 27 powers to Congress. Example: collect taxes, coin money, regulate commerce, keep an army, declare war, fix standards of weights and measures, grant patents. Amendment 16 gives Congress power to levy income tax. Article II, Section 2 gives powers to president. To act as commander in chief, give pardons, make treaties, appoint major officials. Article III grants " judicial power of the U.S. to the Supreme Court and other courts.

block grant

a grant given for a broadly defined purpose

categorical grant:

a grant made for a specific, well-defined purpose

•project grant:

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

•act of admission:

an act creating a new State

•enabling act:

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

•grants-in-aid program:

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

•How is power divided between the National government and the States?

•Certain exclusive powers, such as coining money, are exercised only by the NATIONAL GOVERNMENT. •Reserved powers, such as establishing public schools, are exercised only by the STATES. •Concurrent powers, such as the power to tax, are shared by the States and the National government.

•Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?

•The Necessary and Proper Clause 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. •Congress exercises many implied powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.