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