Government Ch. 3 Quiz Flashcards

1
Q

Federalism

A

a “division of powers” between the National and state governments

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2
Q

How many levels of government are there?

A

“Dual system of government” – 2 levels

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3
Q

What are the “subunits” of the State governments?

A

Local governments

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4
Q

Major strength of Federalism

A

allows for local action for local concerns and national action for national concerns!

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5
Q

Delegated powers

A

powers granted to the national government by the Constitution –

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6
Q

3 Types of delegated powers

A

Expressed, Implied, Inherent

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7
Q

Expressed powers

A

spelled out in so many words in the Constitution – 27 powers
Examples: lay and collect taxes, coin money, and declare war etc.

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8
Q

Implied powers

A

powers reasonably suggested, but not stated in the Constitution
Also known as the “Necessary and proper clause” or “Elastic Clause”
There are thousands of them!
Examples: labor-management relations, building of hydro-electric dams, and the building of the interstate highway system, etc.

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9
Q

Inherent

A

powers given to the national government because it is a government of a sovereign state - (inherited)
Examples: regulate immigration, to acquire territory, and grant diplomatic recognition, etc.

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10
Q

Powers of the 50 States:

A

Concurrent and Reserved

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11
Q

Reserved powers (state):

A

Those powers that the Constitution does not grant to the national government
Examples: establish public schools, licenses, speed limits, police dept, etc.

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12
Q

Concurrent powers (state):

A

powers that both the states and National Government share
Examples: Lay and collect taxes, setting up courts, and to define crimes/punishments, etc.

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13
Q

Supremacy Clause

A

resolves conflicts between the two levels of government by setting up a “ladder of laws”

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14
Q

Top rung of ladder of laws:

A
  1. United States Constitution
  2. Acts of Congress/National Laws
  3. State Constitutions
  4. State Laws
  5. City/County laws (local)
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15
Q

The Supreme Court does:

A

acts as the “umpire” of the Supremacy Clause
Makes rulings and all final decisions

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16
Q

The National governments’ obligations to the States (required) – Article IV

A
  1. Guarantee states a republican form of government: (representative)
  2. Protect states against foreign invasion
    Attack from other countries/terrorism, and riots at home and natural disasters
  3. Respect territorial integrity of states: (Recognize states boundaries)
17
Q

Who handles admitting of new states:

A

Congress

18
Q

Procedure to admit a new state:

A
  1. The territory petition Congress for admission
  2. Enabling Act passed – Congress gives the territory permission to set up a state constitution
  3. Popular vote (people vote)
  4. Act of Admission - Congress agrees to grant statehood
  5. President signs into law
19
Q

Two types of Federalism in our history

A

Dual federalism and cooperative federalism

20
Q

Dual Federalism

A

1788 - 1937
Government power was strictly divided by the states and national government – *National government was very small!

21
Q

Cooperative Federalism

A

1937 – today
Established social programs to assist states with regulation – *National Government became very large!

22
Q

What is cooperative federalism? (3 Programs)

A

Federal government strongly influences the states:
1. Federal Grants-in-aid
2. FBI assists state and local police
3. Trains the National Guard for the states
4. Takes a Census for the states

23
Q

Federal Grants-in-Aid:

A

1800’s it was grants of land to start up schools/colleges and roads
Today consists of grants of money for different programs such as:
Education
Mass Transit
Highway construction
Health care etc.
Provides over $250 Billion dollars of aid per year

24
Q

Types of Federal Grants:

A

Categorical Grants, Block Grants, Project Grants

25
Q

Categorical Grants

A

used for specific purpose/programs such as college tuition, school lunch, water treatment etc.

26
Q

Block Grants

A

used for large broad programs such as welfare and Medicare/aid

27
Q

Project Grants

A

used for projects such as medical research (cancer/aids) – Given to private and government agencies

28
Q

How do States Assist the Federal Government? (3 Programs)

A
  1. States and local police assist the FBI
  2. States run the naturalization immigrant program
  3. States run all national elections
29
Q

Interstate Relations (4 programs)

A

Ways in which states help each other:
1. Interstate Compacts
2. States must recognize the validity of records, documents, and civil court decisions in other states
3. Extraditions
4. Privileges and Immunities:

30
Q

Interstate Compacts

A

Agreements among 2 or more states/foreign states
More than 200
Deal with issues such as:
1. Conservation of resources (water, oil, wildlife, etc.)
2. Fighting forest fires
3. Combat water/air pollution
4. Harbor control
All 50 States have joined in 2 interstate compacts:
1. Compact for the Supervision of Parolees and Probationers
2. Compact on Juvenile Delinquents

31
Q

States must recognize the validity of records, documents, and civil court decisions in other states

A

Documents/Records (birth certificates, marriage licenses, property deeds, etc.)
Civil court decisions (wills, divorce, decrees, etc.)
Exceptions – 2
1. Quickie divorces: (Williams v. North Carolina)
2. One state does not have to enforce another state’s criminal laws

32
Q

Extradition

A

The legal process by which a fugitive from justice in one state is returned by another state.

Prevents fugitives from escaping justice!

33
Q

Priveleges and Immunities

A
  1. States cannot draw unreasonable distinctions (discrimination) between their own residents and residents of other States.
  2. Must allow them to buy, own, rent, or sell property, or marry within its borders, make contracts, etc.

Reasonable distinctions:
1. Can’t vote
2. Can’t hold public office
3. Can’t practice law, medicine, teach, etc. (without state certification)
4. Charge more for college tuition/Hunting and fishing licenses, etc.