Chapter 4 - The Federal System Flashcards Preview

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Flashcards in Chapter 4 - The Federal System Deck (135):
1

reserved powers

powers belonging strictly to the states

2

supremacy clause

makes the acts and treaties of the united states superior to those of individual states

3

concurrent powers

powers that both national and state government exercise independently

4

examples of implied powers of the national government

the draft; nuclear power plant regulation; space program development

5

examples of inherent powers of the national government

controlling immigration and establishing diplomatic relations

6

a rule for admitting new states to the union

the power of congress to examine and approve state constitutions

7

enabling act

first step in the admission of a new state into the union

8

examples expressed powers of the national government

levying and collecting taxes; regulating interstate commerce

9

two functions of the states that help the nation

1) the keeping of order and providing for the protection of persons and property
2) providing employment

10

(expressed, implied, or inherent) the power/ability of government to declare war

expressed powers

11

(expressed, implied, or inherent) the power/ability of government to coin money

expressed powers

12

(expressed, implied, or inherent) the power/ability of government build the hoover dam

implied powers

13

(expressed, implied, or inherent) the power/ability of government to tax incomes

expressed powers

14

(expressed, implied, or inherent) the power/ability of government to issue student visas

inherent powers

15

(expressed, implied, or inherent) the power/ability of government to send criminals back to the state where they committed the crime

expressed powers

16

(expressed, implied, or inherent) the power/ability of government to deport aliens

inherent powers

17

(expressed, implied, or inherent) the power/ability of government to fine media outlets

implied powers

18

(expressed, implied, or inherent) the power/ability of government to build a wall between the US and mexico

inherent powers

19

(expressed, implied, or inherent) the power/ability of government to punish pirates

expressed powers

20

(expressed, implied, or inherent) the power/ability of government to arrest people for pirating movies/media

implied powers

21

(exclusive, concurrent, or reserved) the power/ability of government to declare war

exclusive powers

22

(exclusive, concurrent, or reserved) the power/ability of government to punish crimes

concurrent powers

23

(exclusive, concurrent, or reserved) the power/ability of government to regulate alcohol

reserved powers

24

(exclusive, concurrent, or reserved) the power/ability of government to conduct elections

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