Chapter 4 - The Federal System Flashcards
1
Q
reserved powers
A
powers belonging strictly to the states
2
Q
supremacy clause
A
makes the acts and treaties of the united states superior to those of individual states
3
Q
concurrent powers
A
powers that both national and state government exercise independently
4
Q
examples of implied powers of the national government
A
the draft; nuclear power plant regulation; space program development
5
Q
examples of inherent powers of the national government
A
controlling immigration and establishing diplomatic relations
6
Q
a rule for admitting new states to the union
A
the power of congress to examine and approve state constitutions
7
Q
enabling act
A
first step in the admission of a new state into the union
8
Q
examples expressed powers of the national government
A
levying and collecting taxes; regulating interstate commerce
9
Q
two functions of the states that help the nation
A
1) the keeping of order and providing for the protection of persons and property
2) providing employment
10
Q
(expressed, implied, or inherent) the power/ability of government to declare war
A
expressed powers
11
Q
(expressed, implied, or inherent) the power/ability of government to coin money
A
expressed powers
12
Q
(expressed, implied, or inherent) the power/ability of government build the hoover dam
A
implied powers
13
Q
(expressed, implied, or inherent) the power/ability of government to tax incomes
A
expressed powers
14
Q
(expressed, implied, or inherent) the power/ability of government to issue student visas
A
inherent powers
15
Q
(expressed, implied, or inherent) the power/ability of government to send criminals back to the state where they committed the crime
A
expressed powers
16
Q
(expressed, implied, or inherent) the power/ability of government to deport aliens
A
inherent powers
17
Q
(expressed, implied, or inherent) the power/ability of government to fine media outlets
A
implied powers
18
Q
(expressed, implied, or inherent) the power/ability of government to build a wall between the US and mexico
A
inherent powers
19
Q
(expressed, implied, or inherent) the power/ability of government to punish pirates
A
expressed powers
20
Q
(expressed, implied, or inherent) the power/ability of government to arrest people for pirating movies/media
A
implied powers
21
Q
(exclusive, concurrent, or reserved) the power/ability of government to declare war
A
exclusive powers
22
Q
(exclusive, concurrent, or reserved) the power/ability of government to punish crimes
A
concurrent powers
23
Q
(exclusive, concurrent, or reserved) the power/ability of government to regulate alcohol
A
reserved powers
24
Q
(exclusive, concurrent, or reserved) the power/ability of government to conduct elections
A
reserved powers
25
(exclusive, concurrent, or reserved) the power/ability of government to claiming private property for public use
concurrent powers
26
(exclusive, concurrent, or reserved) the power/ability of government to issue passports
exclusive powers
27
(exclusive, concurrent, or reserved) the power/ability of government to establish a 172 day per year school calendar
reserved powers
28
(exclusive, concurrent, or reserved) the power/ability of government to establish courts
concurrent powers
29
(exclusive, concurrent, or reserved) the power/ability of government to admit new territories
exclusive powers
30
(exclusive, concurrent, or reserved) the power/ability of government to license hairdressers
reserved powers
31
(exclusive, concurrent, or reserved) the power/ability of government to borrow money
concurrent powers
32
(exclusive, concurrent, or reserved) the power/ability of government to borrow money from china
exclusive powers
33
(expressed, implied, inherent, or reserved) the probability/ability of government tissue birth certificates
reserved powers
34
(expressed, implied, inherent, or reserved) the probability/ability of government to assign numbers to interstate highways
implied powers
35
(expressed, implied, inherent, or reserved) the probability/ability of government to appoint an ambassador to spain
expressed powers
36
(expressed, implied, inherent, or reserved) the probability/ability of government to enter into a trade treaty with china
expressed powers
37
(expressed, implied, inherent, or reserved) the probability/ability of government to borrow money from other nations
expressed powers
38
(expressed, implied, inherent, or reserved) the probability/ability of government to issue passports
inherent powers
39
(expressed, implied, inherent, or reserved) the probability/ability of government to license doctors
reserved powers
40
(expressed, implied, inherent, or reserved) the probability/ability of government to grant patents
expressed powers
41
(expressed, implied, inherent, or reserved) the probability/ability of government to call out the national guard
expressed and reserved powers
42
(expressed, implied, inherent, or reserved) the probability/ability of government to conduct elections
reserved powers
43
(expressed, implied, inherent, or reserved) the probability/ability of government to punish criminals/ set up punishments for crimes
expressed and reserved powers
44
(expressed, implied, inherent, or reserved) the probability/ability of government to regulate sale of alcohol
reserved powers
45
4 types of cooperative federalism
1. grants in aid programs
2. revenue sharing
3. other forms of federal aid
4. state aid to the national government
46
how federal and state governments work together in grants in aid programs
- federal government gives money to states to run programs
| - types of grants include categorical, block, and project
47
how federal and state governments work together in revenue sharing
- no longer in existence
48
how federal and state governments work together in other forms of federal aid
- federal agencies assist state and local police
| - armed forces equip and train states' national guard
49
how federal and state governments work together in state aid to the national government
- state and local officials conduct national elections
- naturalization usually takes place in state courts
- state and local police aid federal law enforcement agencies
50
the basic purpose of constitutional checks and balances is to
prevent one branch of the federal government from becoming too powerful
51
an advantage of a federal system of government is that it
permits both national and local approaches to problems
52
the statement in the us constitution that the president "shall nominate, by and with the advice and consent of the senate" justices of the supreme court illustrates which governmental principle
checks and balances
53
the section of the us constitution that grants congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers" has come to be known as the
elastic clause
54
which concept from the us constitution provides the basis for the variety of laws that govern teenage driving in different parts of the us
reserved power
55
the principle of federalism established by the us constitution provides for the
division of power between the national and state governments
56
the constitutional power to regulate interstate commerce allows the federal government to exercise direct control over
trade across state lines
57
congressional actions such as grants to state welfare programs, aid to states for education, and federal supervision of voting registration procedures illustrates the principle of
federalism
58
the "elastic clause" of the us constitution has been used primarily to
broaden the power of congress
59
CA has authority over its public schools because
the us constitution reserves this power to the states
60
which is the supreme law of the us
the us constitution
61
the basic principle underlying the us constitution is that
the people are the ultimate source of all power
62
the us constitution has survived over 200 years primarily because
the amending process allows for flexibility
63
according to the principle of "popular sovereignty," political power rests with
the people
64
what is federalism
a system of government in which a written constitution divides the powers of government on a territorial basis between a central government and several regional governments
65
what are delegate powers
only those powers delegated (granted) to it in the constitution
66
list 3 types of delegated powers granted to the national government in the constitution
expressed, implied, and inherent
67
what are expressed powers
delegated to the national government in so many words - spelled out, expressly, in the constitution
68
what is another name for expressed powers
enumerated powers
69
cite some examples of expressed powers for legislative, executive, judicial, and amendments
1. legislative - power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards or weights and measures, etc.
2. executive - acts as commander in chief in armed forces, to grant reprieves and pardons, to make treaties, and to appoint federal officials
3. judicial - "the judicial power of the us" to supreme court and other courts in federal judiciary
4. amendments - 16th amendment gives congress the power to levy an income tax
70
what are implied powers
not expressly stated in the constitution but are reasonably suggested - implies - by the expressed powers
71
the basis of implied powers in art. I, section 8, cl 18 of the constitution which is often called the "_________" clause
necessary and proper
72
another name for the "necessary and proper" clause is the
"elastic" clause
73
cite 4-5 examples of thousands of examples of the exercise of implied powers
congress has provided for the regulation of labor management relations, the building of hydroelectric power dams, and the building of the 42,000 mile interstate highway system
74
cite 4 examples of the few inherent powers
the 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 by force or violence
75
define reserved powers
those powers that the constitution does not grant to the national government and does not, at the same, deny to the states
76
cite 4-5 examples of powers "reserved" to the states
any state can forbid persons under 18 to marry without parental consent, or those under 21 to buy liquor. it can ban the sale of pornography, outlaw prostitution, and permit some forms of gambling and prohibit others
77
list 2 major examples of powers that are denied to the states
1. the constitution does not give the national government the power to take these actions
2. it does not deny the states the power to take them
* also can't coin money
78
define exclusive powers
those powers can be exercised by the national government alone. cannot be exercised by the states
79
define concurrent powers
those powers that both the national government and the states possess and exercise
80
describe how the division of powers into 3 levels, national state, and local can be misleading
there are only two basic levels in the federal system: the national government and the state governments
81
list 3-4 things that local governments can legally do
provide services, regulate activities, collect taxes, and do many other things
82
the ______ clause states that no law or state constitution may conflict with any form of national law.
supremacy
83
why is the supremacy clause called the "linchpin of the constitution"
it joins the national government and the states into a single government unit, a federal government
84
describe how the landmark supreme court case mcculloch v. maryland settled the conflict between federal and state law in 1819
supreme court said state laws cannot supersede fed. govt. laws
85
what are 3 constitutional obligations to the states
1. republican form of government
2. invasion and internal disorder
3. respect for territorial integrity
86
what organization has the power to admit new states to the union
congress
87
what is the enabling act
an act directing the people of the territory to frame a proposed state constitution
88
what is an act of admission
an act creating the new state
89
once admitted to the union, each state is ______ to every other state
equal
90
describe one of the best known examples of intergovernmental cooperation
grants and aids to states
91
describe the revenue sharing program in place from 1972 to 1987
under this program, congress gave an annual share of the huge federal tax revenue to the states and their cities, counties, and townships. altogether, those shared revenues amounted to more than $83 billion over the years the program was enforced
92
list and describe 3 types of grants in aid that the government provides for today
1. categorical grants - made for some specific, closely defined purpose: for school lunches or for the construction of airports or waste water treatment programs
2. block grants - made for much more broadly defined purposes than are categorical grants, such as health care, social services, or welfare
3. project grants - made to the states, local cities, and sometimes private agencies that apply for them
93
describe one of the two interstate compacts that all 50 states have joined in
the compact for the supervision of parolees and probationers. enable the states to share important law enforcement data. also amber alert
94
public acts
refers to the laws of the state, such as the driving age in CA is 16
95
records
refers to such documents as birth certificates, marriage licenses, deeds to properties, car registrations
96
what is one exception to the full faith and credit clause to the us constitution
1. full faith and credit need not be given to certain divorces granted by one state to residents of another state
97
define extradition
the legal process by which a fugitive from justice in one state can be returned to that state
98
the privileges and immunities clause means that no state can draw
unreasonable distinctions between its own residents and those persons who happen to live in other states
99
each state must recognize the 4 rights of any american to: ("privileges and immunities")
1. travel and become a citizen
2. allow any citizen to use its courts and make contracts
3. buy, own, rent or sell property
4. marry within its borders
100
what are delegated powers
powers granted to the national government in the constitution
101
what are expressed powers
powers spelled out in the constitution
102
what are implied power
powers reasonably thought to be granted, but not spelled out specifically, in the constitution
103
what are inherent powers
powers that belong to the national government because it is a sovereign state
104
what are concurrent powers
powers possessed and exercised by both national and state governments
105
which of the following is an example of an expressed power
the power to collect taxes, the power to coin money, and the power to declare war
106
the necessary and proper clause is called the elastic clause because
over time, it has stretched to cover so many implied powers
107
according to the supremacy clause, which of the following is correct order of the "ladder of laws" in the united states, from top to bottom
the united states constitution, acts of congress and treaties, state constitutions, state statutes, local laws
108
in the american federal system, city and county governments are really
subunits of state governments
109
(true/false) the president must sign an act of admission in order for a state to join the union
true
110
(true/false) block grants are made for very specific purpose
false
111
which of the following is NOT an example of the national government's obligation to protect states
none of the above (protection against a foreign invasion, protection against riots and civil unrest, and protection against the worst results of a natural disaster)
112
which of the following is an example of a grant in aid
money given to a private cancer research program by the national government
113
what is interstate compact
an agreement among states
114
what is full faith and credit clause
states must recognize the validity of records, documents, and civil court decisions in other states
115
what is extradition
the legal process by which a fugitive from justice of one state is returned by another state
116
what is privileges and immunities clause
states cannot draw unreasonable distinctions between their own residents and residents of other states
117
which of the following is NOT an issue about which states have recently made compacts
protection against unjust federal laws
118
the privileges and immunities clause gives states the right to
require out of state students to pay higher tuition at state universities than in state students
119
which of the following is a compact all 50 states have joined
compact for supervision of parolees and probationers
120
(true/false) the national government must guarantee that states are run by republicans
false
121
(true/false) the national government has the authority to send troops to a state to quell civil disorder, even without an invitation by the state's governor
true
122
the ____________ powers are those set aside for the states
reserved
123
the ___________ between the national government and the states was spelled out in the bill of rights
division of powers
124
(national, state, both - expressed, implied, or inherent) prohibit racial discrimination in access to restaurants
national, implied
125
(expressed/implied/inherent and exclusive/concurrent/reserved) coin money
expressed and exclusive
126
(expressed/implied/inherent and exclusive/concurrent/reserved) build hydroelectric power plants
implied and exclusive
127
(expressed/implied/inherent and exclusive/concurrent/reserved) license hairdressers
implied and reserved
128
(expressed/implied/inherent and exclusive/concurrent/reserved) extradite criminal from texas to louisiana
expressed and reserved
129
(expressed/implied/inherent and exclusive/concurrent/reserved) declare war
expressed and exclusive
130
(expressed/implied/inherent and exclusive/concurrent/reserved) grant passports
inherent and exclusive
131
(expressed/implied/inherent and exclusive/concurrent/reserved) mandate 172 school days
implied and reserved
132
(expressed/implied/inherent and exclusive/concurrent/reserved) put Harriet Tubman on $20 bill
expressed and exclusive
133
(expressed/implied/inherent and exclusive/concurrent/reserved) punish pirates
expressed and exclusive
134
(expressed/implied/inherent and exclusive/concurrent/reserved) define crime manslaughter
implied and reserved
135
(expressed/implied/inherent and exclusive/concurrent/reserved) extradite a criminal from france to us
expressed and exclusive
