exam 2 Flashcards
Unitary:
The central government has ultimate legal authority over its citizens. It grants specific and limited powers to local governments, but it reserves the right to reclaim them at any time. Strong Central (National) and Weak Local (State) government. Examples: France, United Kingdom, and Israel. This is the most common form of government. Smaller size countries are most likely to have such an arrangement of government
Confederate:
The central government has limited powers over its citizens which are granted to it by State or Provincial (local) governments. The Central government can make laws for the entire nation, but it cannot regulate the actions of citizens, example: request funds from the states but unable to impose taxes. Confederate governments are extremely rare. Examples: In past times-the AOC, and today: Switzerland and the European Union (EU).
Federalism
Legal power is divided between Central and State governments, usually under a written Constitution. Federalism, hence, refers to a system in which functions and decisions are divided between two levels of government. Each unit can make decisions independently, as long as they do so within their defined jurisdictions. This is a system of government common among countries with a relative large geographic area of authority.
Delegated/Domestic Powers: National
The power to lay and collect taxes
The power to make all laws of the country
The power to borrow money
The power to establish a national court system
The power to spend
The power to regulate interstate commerce
The power to admit new states to the nation
The power to coin money
The power to fix the Standard for weighs and measures
The power to establish Post Offices
The power to raise an army and a navy
The power to declare war
Third: b) Implied Powers: National
These powers derive directly from the last paragraph of Article I, Section 8, otherwise known as the “necessary and proper clause.” This clause allows Congress to legislate in any social, political, and economic area as needed.
LIMITATIONS ON THE NATIONAL GOVERNMENT
In Article I, Section 9 the Constitution Denies Congress the following powers:
Congress cannot pass bills of attainder. Legislative acts that single out certain people for punishment without a judicial trial.
Congress cannot pass ex post facto laws. Laws that make an act criminal that was legal when it was performed or an increase of a penalty after it has been set and committed.
Congress is limited in its power to suspend the writ of habeas corpus. A court order that protects people form arbitrary imprisonment requiring officials to bring them into court and state the reasons for the detention. How many times has this writ been suspended in recent US History??………know at least two times…..p.47
Congress cannot pass laws that would deny the rights guaranteed by the Constitution, located mainly in the first Ten Amendments, also known as the Bill of Rights!!
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POWERS OF THE STATES
The Reserved Powers of the States: These are broad and general powers under the Tenth Amendment that makes it clear that all powers not delegated to the national government or denied to the states are reserved for the states or the people.
They give the states the authority to pass laws that promote the health, welfare, safety, and morals of the citizens…..examples: education, police, and fire
The states however may share powers with the national government and are denied specific areas of legislation…
CONCURRENT POWERS
The power to tax The power to spend The power to make laws The power to borrow money The power of eminent domain The power to establish courts NECESSARY CONDITIONS: Only within their jurisdiction and as long as they do not conflict with the US Constitution……
LIMITATIONS ON THE STATES
States may not pass ex post facto laws nor bills of attainder
States are barred from the field of foreign affairs
Cannot levy taxes on exports or imports without the approval of Congress
Several Amendments of the Constitution impose limitations on the States in areas of civil rights, such as voting….examples: 13th, 14th, 15th, 19th, 24th, and 26th.
Specifically, the Fourteenth Amendment that includes the due process and equal protection clauses!!! Guaranteeing freedoms to state citizens and protecting them against infringement by both the state and the federal governments (incorporation of the Bill of Rights).
INTERSTATE RELATIONS
Section 1: The Full Faith and Credit Clause. Requires the states to honor the final Civil Rulings of other states, such as marriages, divorces, etc….EXCEPT RULLINGS ON CRIMINAL CASES
Section 2: The Privileges and Immunities Clause. Although never clearly defined, this clause protects citizens of one state against discrimination in any other state.
Section 2: The Interstate Rendition Clause (Extradition). When a criminal flees from the state where the crime was committed and is apprehended in another state then he may be, upon request, extradited to the state where the crime was committed
NEW Deal
Labor management relations Stock and Commodity Exchanges Also, and under the NEW DEAL, Congress enacted broad social and economic legislation in regards to: Child Labor Unemployment Insurance Minimum wage and Maximum Hours Aid for dependent children Retirement system-SOCIAL SECURITY
bills of attainder
Legislative acts that single out certain people for punishment without a judicial trial
expofacto laws
. Laws that make an act criminal that was legal when it was performed or an increase of a penalty after it has been set and committed.
