Gov. Unit Test 2 (Ch. 4)

A nickname for the Necessary and Proper Clause because it allows the government to stretch their power to carry out their duties.

Elastic Clause

These are federal monies that go to local governments in those areas in which there are large federal land-holdings, like Indian reservations.

"Lulu" payments

The state and people retain powers not specifically listed or forbidden in the Constitution

10th Amendment

All laws must be equally applied to all US citizens. Life, liberty, and property cannot be taken away unfairly (guarantees due process)

14th Amendment

These are monies to be used in some particular but broadly defined area of public policy.

Block Grants

(In terms of real residents of a state) genuine or real

Bona fide

Instituted federal background checks and fire-arm purchases.

Brady Act

Those powers that both the National Government and the State possess and exercise. (List)

Concurrent Powers; Make and collect taxes, borrow money, make and enforce laws, establish courts, provide for the general welfare, define crimes and punishments, claim private property for public use.

Steps to admit a new state/who has this power

Congress may set specific conditions for the admission of individual states. Admission procedure involves: petition, passage of an enabling act by Congress, the framing of a state constitution, and the passage of an act of admission by Congress.

Agreements Constitution prohibits states from

Constitutionally prohibited from entering into any treaty, alliance, or confederation.

This Supreme Court case held that Congress may set conditions for the admission of states into the Union.

Coyle v. Smith (1911)

Act that declares that no State is required to recognize a same-sex marriage performed in another state. It has not yet been tested in court (2005).

Defense of Marriage Act

Original limited government concepts

Framers were convinced that (1) governmental power poses a threat to individual liberty, (2) therefore the exercise of governmental power must be restrained, (3) and to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

This established that each state must accept the validity of the public acts, records, and judicial proceedings of every other state.

Full Faith and Credit Clause

SAQ: Explain why each of the following clauses is important to interstate relations: the Full Faith and Credit Clause; the Extradition Clause; and the Privileges and Immunities Clause

Full Faith and Credit Clause provides that each state recognize the validity of the public acts, records, and judicial proceedings of every other state. The Extradition Clause provides for the return of fugitives from justice to the state from which they fled. The Privileges and Immunities Clause requires each state to extend to the residents of other states the same privileges and immunities as granted to its own residents, with certain reasonable exceptions. (Exceptions include out of state college students and state fish and game pay higher fees)

This Supreme Court case state when a treaty and federal law conflict, the courts consider the latest enacted to be the law; also treaties don't hold a higher position over other acts of Congress.

Head Money Cases (1884)`

Those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those "necessary and proper" to carry out the expressed powers. (List)

Implied Powers; Punish crimes, building an interstate highway system (regulation of labor management relations), prohibit racial discrimination in access to restaurants.

This Supreme Court case allows the federal government to take action in a local dispute, when this local dispute may interrupt commerce nationally.

In Re Debs (1894)

This Supreme Court case established the Supremacy Clause, that federal law takes priority with any conflicting state law.

McCulloch v. Maryland (1819)

DQ: Explain the 7 basic principles of federalism based on the Constitution:

Popular Sovereignty, basic principle of the American system of government which asserts that the people are the source of any and all governmental power, and government can exist only with the consent of the governed. Limited Government, basic principle of American government which states that government is restricted in what it may do, and each individual has rights that government cannot take away. (Relates with Constitutionalism and Popular Sovereignty) Constitutionalism, basic principle that government and those who govern must obey the law; the rule of law. (Relates to Limited Government) Separation of Powers, basic principle of American system of government, that the executive, legislative, and judicial powers are divided among 3 independent coequal branches of government. (Relates to Checks and Balances) Judicial Review, the power of court to determine the constitutionality of a governmental action. Federalism, a system of government in which a written constitution divides power between a central, or national, government and several regional governments. Checks and Balances. system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others. (Relates to Separation of Powers)

Constitution's stipulation (Article IV, S2) that all citizens are entitled to certain "privileges and immunities," regardless of their State of residence; no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.

Privileges and Immunities Clause

This Supreme Court case held that the federal courts can indeed order an unwilling governor to extradite a fugitive; established extradition

Puerto Rico v. Branstead (1987)

Powers denied to the national government

Regulate trade and business within the state, establish public schools, hold elections, incorporate businesses, issue licenses in the state, establish local governments, regulate alcoholic beverages *Reserved Powers

Powers denied to the states

Regulate trade and interstate commerce, coin money, establish a post office, declare war, admit new states, govern territories, conduct foreign relations (make treaties with foreign states), raise and support an army. *Exclusive Powers

Those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. (List)

Reserved Powers; Regulate trade and business within the state, establish public schools, hold elections, incorporate businesses, issue licenses in the state, establish local governments, regulate alcoholic beverages

This grant-in-aid program is different from others because, no state or local matching funds are involved, and the monies being used were given with virtually no restrictions on how the monies could be used.

Revenue Sharing

SAQ: Difference between division of powers and separation of powers.

Separation of powers refers to the allocation (distribution) of powers among the 3 branches of the national government: executive (President, Vice Presdient, Cabinet), legislative (Senate and House of Representatives), and judicial (Supreme Court and other federal courts). Division of powers refers to the allocation of powers between the central governments and local governments.

Who is the "umpire" of government and why?

The Supreme Court, the role is necessary because the federal system inevitably produces conflicts between the 2 levels of government and between the states. These conflicts must be resolved.

Federalism's chief advantage

The chief advantage is that it permits local action in matters or primarily local concern and national action in matters of wider concern.

Constitution's stipulation (Article VI, S2) that states that the Constitution is the supreme law of the land.

Supremacy Clause

SAQ: What are the 3 obligations the national government has toward the states, and explain?

According to Article IV, Section 4 of the US Constitution, the national government is obligated to (a) guarantee each state a republican form of government, (b) protect each state from invasion, and (c) when asked by the state legislature - or executive if the legislature is not in session - to protect the state against "domestic violence."

Those powers the can be exercised by the National Government alone. (List)

Exclusive Powers; Regulate trade and interstate commerce, coin money, establish a post office, declare war, admit new states, govern territories, conduct foreign relations (make treaties with foreign states), raise and support an army.

How federalism differs from democracy

Federalism is a system in which the powers of government are divided on a territorial basis between a central government and several local governments. It differs from democracy in that democracy involves the rule of the people in the governing process.

Powers of the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community. (List)

Inherent Powers; Power to regulate immigration, to deport undocumented aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government.

Formal agreement entered into with the consent of Congress, between or among States, or between a State and a foreign state.

Interstate Compacts

This allowed for the creation of land-grant colleges and schools and granted 30k acres of federal land to each state.

Morrill Act of 1862.

This supreme court case dealt with interstate "quickie" divorces, where a couple tried getting married in Nevada but North Carolina wouldn't accept the marriage (where they originally were from) because they did not stay the amount of time to become residents of Nevada. They tried to get around the system.

WIlliams v. North Carolina (1945)