Chapter 4 Government

full faith and credit clause

makes sure judicial decrees and contracts made in one state will be binding and enforeable in any other state. A contract signed in one state must be recognized and honored by officials in other states, drivers licenses if you're passing through, and marriage licenses, every person should be treated equally

taxation, pay for the federal government to go towards federal purchases

most extensive expressive power

national

government that is prohibited from splitting up states that already exist or changing state boundaries in anyway, but can admit new states

implied

not specifically listed in constitution, logical extensions of expressed powers, necessary and proper clause (elastic clause) building and regulation of food

not mentioned in the constitution, local governments is a power reserved for the states

how do local governments fit into our federal system?

poverty, homeland security, environment, immigration, health care

issues with federalism today

cannot coin money or tax imports and exports from other states, have their own armies, starting their own war, enter into treaties

laws denied to states

republican

one in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.

delegated

power to coin money, regulate commerce with foreign nations and interstate; legislative branch, can declare war

concurrent powers

powers shared by both state and national government; regulating elections, taxing, borrowing money and establishing courts.

inherent

powers that historically have become recognized as naturally belonging to all governments that conduct the business of a sovereign nation

privileges and immunities clause

prevents states from discriminating against the citizens of other states. Enforces equality. A New Yorker visiting NC should receive the same amount of police protection. Reduced tuition for in-state university students

Categorical grant

Grants made for some specific closely defined purpose. Many conditions attached

Project grant

Grants made to states, cities, and even private agencies or specific projects. Competitive application process

fiscal federalism

A system of spending taxing and providing aid in the federal system

16th amendment

Allows the federal government to collect income tax, main source of nations income

Dual federalism

Both state and national governments were equal authorities operating within their own spheres of influence as defined by a strict reading of the constitution.

Congress can make any law it needs to, in order to carry out its enumerated powers. Allows the government to stretch beyond its literal description

Elastic clause relationship to expressed powers?

block grant

For some particular, but broadly defined, area or public policy. fewer strings

Cooperative federalism

Marketed by believe that all of us of government should work together to solve problems such as poverty. During the great depression the national government created the Works progress administration to give unemployed workers jobs.

In McCulloch v. Maryland, McCulloch refused to pay the tax the state of Maryland put on the Federal Bank. The Supreme Court ruled that Maryland did not have the power to tax the Federal Bank. Due to the Supremacy clause, the Constitution is the supreme law of the land, states can not create laws affecting federal laws.

McCulloch v. Maryland

Federal mandates

National government demands that states carry out certain policies as a condition of receiving grant money. Sometimes these are 'unfunded mandates.' The government gets the power for mandates by tying it to the constitution somehow.

steps for admitting new states

State petitions Congress for admission, Congress agrees to framing of proposed Constitution, Convention prepares Constitution; popular statewide vote, Voters approve; Constitution submitted to Congress, Congress agrees to statehood and Constitution; passes act of admission, President signs act, new state enters the Union

they can experiment with innovative policy ideas. This allows other states and the nation as a whole to see if the new ideas work or not before they adopt them.

States as laboratories of democracy

supremacy clause

The Three items of importance are : a) The U.S. Constitution, b) the laws of the United States and c) its Treaties The US Constitution was the supreme law of the land

elastic clause

The constitutional source for implied powers, given its name because it has been used to stretch the powers of congress

protect the states, grant equal representation in senate, no taxation w/o representation, equally treated, guarantee every state into the union & republican form of gov

What responsibilities does national gov have to states?

referendum

a general term which refers to a measure that appears on the ballot.

recall

a procedure that allows citizens to remove and replace a public official before the end of a term of office.

initiative

a process that enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot.

federal grants

categorical, block, and project; derived from land grants; provides federal money or other resources to the states and or their cities, countries or other local units

powers the Constitution denies to the national government. May not violate the Bill of Rights & May not impose export taxes among states

denied powers

not specifically mentioned in the constitution, belong with the states because the constitution neither delegates these powers to the national government nor prohibits them to the states

reserved powers

defended the people, freedom with strong central gov, unified

strengths of federalism

federalism

system of government in which power is divided among central gov and territorial subdivisions. US: national, state, & local gov

extradition

the official process whereby one country transfers a suspected or convicted criminal to another country. treaties with other countries in order to try and prevent criminals from escaping prosecution for their crimes.

10th amendment/reserved powers

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.

took power away from state governments

weaknesses of federalism

Each state has a republic for of government, protect states from invasion, and respect the territorial integrity.

what does the national government owe the states?

national government

who is responsible in responding with military force to 9/11 and other terrorist attacks? (foreign invasion and domestic uprisings)

deliver the stability and economic unity that the young nation needed

why was federalism founded?