MULTIPLE Choice test 6 Flashcards
What is the difference between a unitary system, a federal system, and a confederation
Unitary- power is concentrated in the federal government
Federal- power is divided between state and national government
Confederation- power is decentralized , strong state government, weak national government
What are enumerated or expressed powers
Powers specifically written in the constitution
What are exclusive powers
POwers that go to only the national government
What are implied powers
Powers not specifically mentioned in the constitution, but they are powers covered under the necessary and proper clause which allows Congress to do these
What is the commerce clause
Congress has the power to regulate commerce with foreign nations, between states, and with Indian tribes
what is the necessary and proper clause
It says their Implied powers that allows Congress to carry out its powers
(Article 1 section 8)
What is the supremacy clause
Constitution is the supreme law of the land, if there is a dispute against state and national gov, national law takes effect over state laws
(Article 6)
What are concurrent powers
Powers shared by state and national governments
List several enumerated powers for the national government
-Grant money
-Tax imports or exports
-Make treaties
List several powers reserved for the states
-Establish local town, county governments
-ratify constitutional amendments
-provide police and fire protection
List several concurrent powers between the national government and the states
-create courts
-taxes
-determine voting qualifications
List several powers denied to the national government
-no bill of attainder
-no ex post facto laws
-no titles of nobility
List several powers denied to the states
-cannot declare war
-cannot make treaties with other countries
-cannot tax items from other states
What is the 9th amendment to the constitution
People have additional rights that are not mentioned in the constitution
What is the 10th amendment to the constitution
Any rights not specifically given to the national government and not denied to the states go to the states
what is the full faith and credit clause
Requires states to recognize public acts,records, and civil court proceedings from another state
What is extradition
The requirement that officials in one state have to return the defendant back to the state where the crime was committed.
What is the privileged and immunities clause
Prevents states from discriminating against people from out of state
What is the 13th amendment of the constitution
Outlaws slavery
What is the 14th amendment to the constitution
Anybody born in the U.S is automatically a citizen, prohibits states from denying people due process or equal protection under the law
What is the 15th amendment
people cannot be denied the right to vote based on race, color, or previous condition of servitude.
What was decided in the case of Plessy V Ferguson
Supreme court case that established separate but equal and allowed states to impose Jim crow laws
What is dual federalism? What metaphor describes this
The power of national gov and state gov are different (layer cake metaphor
What is selective incorporation
applying the bill of rights to states on a case by case basis
