Chapter 4: The Federal System

Question 0

Expressed powers:

Answer 0

Powers that are directly stated in the Constitution.

Question 1

3 types of powers that belong to the national gov’t:

Answer 1

1. Expressed (enumerated)
2. Implied
3. Inherent

Question 2

Examples of expressed powers:

Answer 2

1. Power to tax
2. Coin money
3. Regulate commerce
4. Make war
5. Raise an army and navy

Question 3

Implied powers:

Answer 3

Powers that the national gov’t requires to carry out the powers that are expressly defined in the Constitution.

Question 4

What is the basis for the implied powers?

Answer 4

The necessary and proper clause (elastic clause)

Question 5

Examples of implied powers:

Answer 5

1. Regulate nuclear power plants

3. Develop the space program

Question 6

Inherent powers:

Answer 6

Powers that the national gov’t may exercise simply because it is a gov’t

Question 7

Examples of inherent powers:

Answer 7

1. Control immigration

2. Establish foreign relations with other countries

Question 8

Reserved powers:

Answer 8

Powers that belong only to the state

Question 9

10th amendment:

Answer 9

Powers NOT delegated to the U.S. by the Constitution nor prohibited to states belong to the states

Question 10

Examples of reserved powers:

Answer 10

1. Regulate interstate commerce
2. Establish local government
3. Administer elections
4. Protect the public health welfare and morale
5. Education

Question 11

Article VI:

Answer 11

Makes acts and treaties of the U.S. supreme (supremacy clause)

Question 12

Concurrent powers:

Answer 12

Powers that both the national gov’t and the states have

Question 13

Examples of concurrent powers:

Answer 13

1. Tax
2. Borrow money
3. Establish court
4. Enact and enforce laws
5. Appropriate private property for public use

Question 14

Examples of powers denied to all levels of gov’t:

Answer 14

1. Fed. gov’t cannot tax exports
2. Fed. gov’t cannot interfere w/the ability of states to carry out their responsibilities
3. States cannot make treaties w/foreign gov’ts
4. States cannot coin money
5. Cannot grant titles of nobility

Question 15

3 things the national gov’t must do for states:

Answer 15

1. Guarantee a republican form of gov’t
2. Protect the states from invasions & domestic violence
3. Respect territorial integrity

Question 16

2 restrictions on admitting new states:

Answer 16

1. No state may be formed by taking territory from another state w/out its permission
2. Like all laws, acts of admission are subject to presidential veto

Question 17

Procedure for admitting states:

Answer 17

1. Congress passes and enabling act
2. People in the territory approve the newly written state Constitution
3. If Congress agrees, they pass the act of admission
4. The President signs the act of admission

Question 18

Enabling act:

Answer 18

Allows the people in a territory to write a Constitution

Question 19

NGA (National Governors’ Association):

Answer 19

Supports federalism and work to influence national policy that would benefit the states

Question 20

2 functions the state provides for the national gov’t:

Answer 20

1. Conduct and pay for elections for national officials

2. Play a part in the amending process

Question 21

McCulloch v. Maryland:

Answer 21

Ruled that if there is a conflict between the national & state gov’t the national gov’t is supreme

Question 22

3 requirements of states to state (Article IV):

Answer 22

1. Give “full faith and credit” to the laws, records, & court decisions of other states
2. Give one another’s citizens all the “privileges and immunities” of their own citizens
3. Extradite criminals and fugitives who flee across state lines to escape justice

Question 23

Civil laws:

Answer 23

Laws that relate to disputes between individuals

Question 24

Privileges and immunities:

Answer 24

Citizens of one state will not be discriminated unreasonably against in another state

Question 25

Extradite:

Answer 25

Return a criminal to the state from which they escaped

Question 26

Interstate compact:

Answer 26

Written agreement between two or more states

Question 27

States' rights position:

Answer 27

Favors state & local action to solve problems

Question 28

2 reasons for states' rights (supported by Chief Justice Roger Taney 1918-1936):

Answer 28

A. States created the national gov't so states can limit the power of the national gov't B. States are closer to the people so they could do a better job of solving the people's wishes.

Question 29

Nationalist position:

Answer 29

Favor national actions to solve problems

Question 30

2 reason for nationalist position (supported by FDR during the Great Depression):

Answer 30

A. The people created the national gov't, not the states | B. National gov't represents all the people, whereas states only represent the people in their state

Question 31

4 reasons the power of the national gov't has grown:

Answer 31

1. Elastic clause 2. War powers 3. Commerce powers 4. Power to tax

Question 32

Income tax:

Answer 32

Tax collected on individual earnings

Question 33

2 ways Congress can influence state policies:

Answer 33

1. Provide federal money | 2. Impose mandate

Question 34

Mandate:

Answer 34

Federal order requiring states to provide a service or meet national standards