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Article 4- Federalism Flashcards

(68 cards)

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0
Q

Who did states send to write the Declaration of Independence?

A

Delegates from that state

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1
Q

What is article 4 about?

A

Federalism and the allocation of sovereignty

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2
Q

Who has exclusive and concurrent powers?

A

The regional government

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3
Q

What are delegated powers?

A

Powers given by states to the national government

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4
Q

Can a state get a delegated power back?

A

No once they’re giving away their gone unless the national government does not want it anymore

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5
Q

What powers does the national government have?

A

Implied and inherent powers

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6
Q

What is article 6 state?

A

The Constitution and laws of the United States are superior to state laws

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7
Q

What article says that the Constitution and the laws of the United States are superior to state laws?

A

Article 6

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8
Q

What is always superior to state governments?

A

Federal government

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9
Q

What are reserved powers?

A

Powers that states don’t give away, and powers that the national government does not have

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10
Q

What are examples of reserved powers?

A

Deciding the drinking age, marriage age, divorce laws, driving laws, etc.

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11
Q

What does amendment 10 Say?

A

Even though there are delegated and reserved powers, not everything is covered. There’s an unwritten list of reserved powers. State powers cannot be denied

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12
Q

What amendment says that there’s an unwritten list of reserved powers?

A

The 10th amendment

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13
Q

When the court started interpreting the constitution loosely, who did they say wrote it, and who actually wrote it?

A

they said the people wrote it, but states actually did

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14
Q

Why was the government allowed to get big?

A

Because of power pushers

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15
Q

What three power pushers or things allowed in the government caused it to get big?

A

Proportion of population and geography
States don’t often have resources or the will to tackle problems
The main reason is: many problems that affect us are national problems, not state problems, like air water and interstates

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16
Q

What are problems states are unwilling to tackle?

A

Integration and rise in interest groups

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17
Q

Talk about interest groups.

A

They are a national problem, not a state problem, they require more labor and demand, and include people like farmers and businesses. The government must grow to accommodate new services from these interest groups

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18
Q

If there is no federal system, how many places of power are there?

A

2

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19
Q

If there is a national government, how many places of power are there?

A

One

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20
Q

What two things limit the power states?

A

States are denied powers (because of Bill of Attainder), and giving away powers

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21
Q

What does amendment 13 State?

A

It forbids states have slaves

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22
Q

What does amendment 14 State?

A

States can’t denied due process are equal protection of its citizens, for example, slaves

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23
Q

What does amendment 26 State?

A

States cannot deny the right to vote

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24
What are two powers that overlap between state and national government and aren't given away by states or denied?
Concurrent powers
25
What are some examples of concurrent powers?
Making courts, holidays, taxes
26
What legal case shows that the national government is not affected by state powers?
McCullough versus Maryland
27
What did the McCullough versus Maryland case show?
Implied powers exist, the state can't tax The national government, national law trumps state law
28
What is the power to survive?
Inherent power
29
What does article 4 contain?
National government obligations
30
What are some national government obligations?
Guarantee territorial integrity (can't make states out of states), guarantee republican form of government (representative government form of government, ex. each state automatically gets 3 representatives), protection against foreign and domestic violence (when states can't control riots, the government can intervene)
31
What are three limits in article 4?
Relations among the states: Each state has to grant full faith and credit to civil actions (not including criminal law), ex. Recognizing civil laws- divorce and gay marriage not recognized Privileges and immunities- States cannot discriminate unreasonably against citizens, there are only a few exceptions, like hunting and fishing licenses Extradition- if a fugitive goes to another state, the governor of that state can refuse to send them back
32
What is an interstate compact?
The right of states to make agreements
33
What is an example of national state cooperation?
Grants in aid
34
What are grants in aid?
Grants, they're a way for national governments to funnel money to states
35
What are grants given for specific problems?
Categorical grants
36
Talk about categorical grants
The government will match funds, they pertain to categories and have categorization, and they are for creating standards like minority performance
37
What are block grants?
They are for a general group, and there are no strings attached
38
What are some pros and cons of grants?
Pros: they let states state governments provide services that they can't provide on their own. They help maintain minimum standards in healthcare and nutrition, and achieve and equalize some social objectives like housing Cons: states don't want national authority in local areas
39
Why is the national government bigger than designed?
They are responding to demand
40
What powers is the government based on?
General welfare power, war power and commerce power
41
What is the general welfare power?
To protect and provide general wealth welfare and police power, to regulate society for the better good
42
What is the war power?
Congress can do what is necessary and proper for war preparation
43
What is the commerce power?
It allows regulation of interstate commerce
44
What is a grant with strings attached? And what are some of those strings?
A categorical grant, | inspections, minority performance, and matching funds which is the most important string
45
What are the three obligations of the national government?
To guarantee territorial integrity, to guarantee republican form of government, and protect against foreign and domestic violence
46
The expansion of national government rests on three legal basis which are:
General welfare power, waterpower, commerce power
47
Which amendment alludes to unnamed state powers?
The 10th, it says that powers for states are reserved for states
48
Who can states not tax?
Other states, and citizens and of other states with a few exceptions (sales, college)
49
List some national powers
Declare war, keep an army, make treaties, coin money, and make immigration laws
50
List some state powers
To create a school system, to make marriage divorce and family loss, and create local governments
51
List some concurrent powers
Make laws, make a judicial system, collect taxes, borrow money
52
List Powers denied to states
Everything that the states of delegated to the national government, to grant titles of nobility, tax on imports and exports, and keep warships
53
List Powers denied to the national government
Can't suspend habeas corpus, they can't have a bill of attainder, no ex post facto laws, and they cannot tax a person
54
What is an unfunded mandate?
The national government requires states to do something but does not fund it
55
What kind of grants to states like more?
Block grants
56
What kind of governments do states have?
Unitary government
57
What kind of government does the nation have?
Federal government
58
Precautions are taken to prevent states from doing what?
From to prevent the state from interfering with foreign relations, becoming more powerful than the national government, and to prevent a dictatorship
59
What Kind of constructionist believe in original intent and no implied powers?
Strict constructionist
60
What is the supremacy clause in the Constitution?
Article 6
61
Why is there supremacy clause in the Constitution?
So no state can get too big
62
Why does the government not have to pass laws to say that no one can overthrow the government?
It is an implied power
63
What amendment prevents slaves?
13
64
What amendment says you cannot deny due process?
The 14th amendment
65
What amendment gives a person the right to vote?
The 26th
66
The government cannot change a state unless what?
The state gives them permission
67
When can a national government nationalize the National Guard?
If requested by a state

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