Gov Ch 4 Flashcards
(31 cards)
Federalism
The division of power from the nation state and local government
Montesquieu said
Dividing power is the best way to defend the people‘s freedom from two powerful
Expressed power
Powers granted from national government by Constitution specifically mentioned
Article 1 section 8
Expressed power of legislative branch power to issue money collect taxes regulate trade declare war raise and maintain armed forces
Also
Necessary and proper clause also referred to as elastic clause used to stretch powers of Congress
Article 2
Presidential powers
Article 3 gives
Judicial branch powers
Implied powers
Powers not specifically listed logical extensions of expressed powers
Inherent power
US government has impaired power simply because it has a national government
State powers
.
Reserved powers
Belong to State because they are not delegated to national government nor prohibited from state
Regulate health, Public Safety, morals, general welfare of the state citizens other reserves state powers from local government control public-school systems establish and enforce laws
Shared powers
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Concurrent power
Power held my national government state government at same time
Both levels of government can’t collect taxes making enforce laws build roads borrow and spend money
Article 6
Supremacy clause national laws and treaties form supreme law of the land
Judges -have to obey the constitution
The state or national government cannot deny people accused of crimes the right to trial by jury
.
Constitution give states rights to manage affairs with borders.
.
Encourages cooperation between state
.
State required extra person is charged with a crime to the state where the offense was committed it’s called
Extradition
Article for
Full faith and credit require state careful faith and
Privileges and immunities clause
Citizens of each State receive all privileges and immunities of in any state
Mini exceptions out of state tuition
Three constitutional powers that strengthens national government
Power to wage war
Commence power
Power to tax and spend taxes
16th amendment 1913
.
Federal grants
Money provided by the national government to state and local government to be spent for specific purposes example roads and bridges
Preemption
Power to assume responsibility for function in order to gain authority over a state
Restrain
Requirements set by Congress to prohibit the state or local government from exercising a certain power