Chapter 4 US Government

States' Rights Position

Favor state and local action in dealing with problems

Income Tax

Levied on individual earnings has become a major source of money for the national government. Gave national government more money than local and state government

Act of Admission

o A congressional act enabling a state to join the union

Enumerated Powers

o Also known as Expressed powers o Those powers directly expressed or stated in the constitution by the Founders Found in the first 3 articles of the constitution Power to levy and collect taxes To coin money To make war To raise army and navy To regulate commerce among the states

Supremacy clause

o Article 6 section 2 This constitution and the laws of the united states which shall be made in pursuance thereof, and all treaties made under the authority of the united states shall be the supreme law of the land and the judges in every state shall be bound thereby o This came up because it became hard to follow the law when the laws in the state governments began to conflict with the national law o No state law of constitution can conflict the national law in any way o All officials have to follow the constitution o If the estate government is denied the power so is the local government

Necessary & Proper Clause

o Basis for the implied powers is the necessary and proper Clause (article 1 section 8) Also called the elastic clause • Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested in the government of the united states

Elastic Clause

o Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested in the government of the united states

Enabling act

o Enables the people of the territory interested in becoming a state to prepare a constitution. o After it is drafted and has popular vote, it is sent to congress o If they agree they will pass it

Nationalist Position

o Favor national action in dealing with problems

Mandate

o Federal order requiring states to provide a service or undertake an activity in a manner that meets minimum national standards set by congress

Civil Rights Act of 1964

o Forbidding racial discrimination in public accommodations The discrimination makes it hard for people to travel therefore restricting the flow of interstate commerce

Privileges & Immunity

o Includes the following Right to pass through or live in any state Use the courts Make contracts Buy sell and hold property Marry

Preempt

o Is to take away the ability of state and local governments to make their own policies

Civil Law

o Laws relating to disputes between individuals, groups, or with the state. One state cannot enforce another state's criminal laws

Bureaucracy

o Organization of government administrators to carry out legislation

Reserved powers

o Powers reserved strictly for states o Grants them powers that are not delegated to the united states by the constitution and at the same time not restricted to the states Ex. Regulation of public school systems

Inherent Powers

o Powers that the national government may exercise simply because it is a government Must control immigration and establish diplomatic relations with other countries even though they are not spelled out in the constitution

Sunshine Law

o Prohibiting public officials from holding closed meetings

Restraint

o Requirement set by congress that prohibits a local or state government from exercising a certain power.

Sunset Law

o Requires periodic checks of government agencies to check if they are still needed

Extradite

o Return to a state So basically when a criminal or fugitive flees the state to another, the person has to be brought back because the rules still apply in that state

Full Faith & Credit Clause

o Shall be given in each state to the public acts, records, and judicial proceedings of every other state. In other words each state must recognize the laws and legal proceedings of other states

Federal Grants

o Sums of money given to state or local governments to be spent for a variety of specific purposes

Delegated Powers

o The Congress grants three types of powers to the national governments: Expressed Powers Implied Powers Inherent Powers

Public Policy

o The course of action a government takes in response to some issue or problem

Implied Powers

o The power that the national government requires to carry out the powers that are expressly defined in the Constitution Depend on the Expressed Powers

Preemption

o The power to assume responsibility for a state government function, in order to gain authority over a state

Expressed Powers

o Those powers directly expressed or stated in the constitution by the Founders Found in the first 3 articles of the constitution Power to levy and collect taxes To coin money To make war To raise army and navy To regulate commerce among the states o Also called enumerated powers

Concurrent Powers

o Those powers that both the national government and the states have o Exercises these powers independently Power to tax Maintain courts Define crimes Private property for public use o The states are allowed to exercise anything that is not reserved in the constitution

Interstate Compact

o Written agreements between two or more states

1. What is the difference between implied powers and delegated powers

• "Implied powers" are powers not given to the government directly through the constitution, but are implied. These powers fall under the Elastic Clause in Section 8 of Article 1 of the U.S. Constitution. • The delegated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which iterates the authority granted to the United States Congress. Congress may exercise only those powers that are granted to it by the Constitution, limited by the Bill of Rights and the other protections found in the Constitutional text.

5. What is the process of admitting new states to the USA?

• Congress has the power to admit a new state according to the constitution • Needs consent of the state that they are taking land from • Subject to the presidential veto • Begins with the enabling act o People interested in being in the new territory need to draft a constitution and it has to be approved by congress o Vermont, Kentucky, Tennessee, Maine, and West Virginia were created form existing states o Texas and west Virginia were admitted under special circumstances o Changes to the constitution have to be made o No states have authority over the other states all of them are equal

6. What must states do for each other (interstate relations)?

• Must give full faith and credit to the laws, records, and court decisions of the other states • Give one another's citizens all the privileges and immunities of their own citizen • Extradite criminals and fugitives who flee across state lines to escape justice

4. What must the federal government guarantee to the states?

• Must guarantee each state a republican form of government o This came after the civil war because the southern states refused to ratify the civil war amendments • Must protect states from invasion and domestic violence • Has the duty to respect the territorial integrity of each state o National government cannot take property from the state and use it to create new state unless it has the consent of the state that is losing the land

3. What powers are the states denied? What powers is the federal government denied?

• National/federal government cant o Tax exports o Cannot interfere with the ability of states to carry out their responsibilities • States o Can't make treaties with other foreign governments o Can't coin money o Can't make any laws impairing the obligations of contracts o Can't grant titles of nobility o Must have congressional permission to collect duties on exports or imports or to make agreements with other states

7. What is the difference in the views of those who support states' rights vs. those who support national rights?

• View the constitution as a compact between the states • Argue that the states created the national government so that it should have little power over things • Believe that state governments are closer to the people so they would know what they want • Nationalists argue that it was the people who created the national government and not the states • Therefore national government is not an agent to the states • Expand the power of national government to give people what they want • State powers cannot limit national government

8. What three powers of the federal government have been used to expand its authority?

• War Powers o National defense • Commerce Power o Activities concerned with production buying selling and transporting goods • Taxing power o Power to raise taxes to pay for things in the economic

2. How does federalism protect the rights of the people and the states?

• When national laws are violated, federal property is threatened, or federal responsibilities are interfered with, the president can send troops to a state without the request of local authorities • The government is obliged to protect every state • The president has the authority to send troops • Must guarantee every state a republican form of government • Protects from domestic violence which oddly includes natural disasters