Flashcards in Test 2 Deck (39)
Why did the Framers choose Federalism?
divide the power of government and prevent government from abusing its power
What powers does the constitution give the national government?
The national government has power to borrow and coin money, levy taxes, conduct foreign affairs, establish post offices
Regulate immigration and naturalization, regulate commerce with foreign nations between states, make laws necessary and proper to execute national powers, regulate immigration and naturalization.
What powers does the Constitution give to state government?
The powers state government has is to draw electoral district lines, levy taxes. conduct elections, maintain militias, regulate commerce within the state, ratify amendments to the constitution, exercise powers not specifically delegated tot eh nation or prohibited to the states, establish and operate state court systems
What powers are shared by both national and state governments?
Collect taxes, provide for the health and welfare of the people, build roads, conduct commerce, establish courts, borrow money, take private property for the public use, with just compensation.
How does the constitution limit the powers of the state and national governments?
divides the government power and describes its responsibilities that the national government and the state have toward one another.
Hoow does the constitution guide relationships between the nation and 50 states?
giving states power to mange in their own border and encourages
states to cooperate with one another.
Define, expressed, implied and inherent powers?
Implied powers: the powers assumed by government that are not specifically listed in constitution.
Inherent powers: delegated powers of the constitution that are assumed to belong to the national government because it is a sovereign state.
What is the full faith and credit clause?
requires each state to honor the public acts, official record, and judicial proceedings of every
What role does the Supreme Court play in American Federalism?
The Supreme Court plays as a referee because it sorts out conflicts between nation and states. They make rules based on Constitution.
What is supremacy clause?
national government "is the supreme law of the land."
How was government power divided in dual federalism?
divided inpower by both state and national governments were equal authorities operating within their own spheres of influence.
What events caused the expansion of national power in the 20th century?
The expansion of national power was caused by new technology which changed how Americans lived and worked, along with this was the population of United States doubled: This made it so Government had to create new laws a regulation with gave the government more power.
What is devolution? What is new federalism?
The idea of returning power to the states
What is fiscal federalism? What are grants-in-aid?
Fiscal Federalism is a system of spending, taxing, and providing grants in federal system. Grants-in-aid let federal funds given to states and local government for specific projects.
Grants-in-aid: federal funds given to state and local governments for specific projects.
What is the difference between a categorical grant, block grant, and a federal mandate?
Categorical grant: federal grant that can only be used for specific purpose, or categpry, of stae and local spending.
Block grants: are federal grants given to the state and local government for broad purposes, such as welfare, community development.
Federal mandates: regulations on the national government the government imposes on state and local governments.
McCulloch vs Maryland
-Who is McCulloch (background, views)
-Explain ruling and its significance
-Elastic Clause, Supremacy Clause, Necessary and Proper Clause
McCulloch is banks cashier who refused to pay a tax that Maryland passed a law that had a heavy tax on national bank. McCulloch failed to pay the tax and was fined 2,500$ but repealed discio. The ruling was Maryland did not have the right to tax the national bank because it was attempt to destory the bank and violates the supremacy clause. The national congress did have aurthority to make all laws "nesscary and proper" in other ways.
Current Issues and Federalism
Medical Marijuana, Assisted Suicide
Marijuana- Federal government says no weeds, states legalized weed
Assisted Suicide- Federal Government says no helping someone kill someone, state says it is there descion to chose.
What is the term for the people represented by Congress?
What are some of the ways in which members of Congress try to represent the people they serve?
Members of Congress try to represent the constituents, by understanding thier wants related to a job or area they live in. Also Congress must deal with organized groups who want other things. But ultimately Congress must think what is best for the country and maybe make decisions that thier constituents would disagree with.
What are some of the key differences between the House of Representatives and the Senate?
In the house of representatives the seats in the house are appointed by population of each state. The
senate has two seats for each state. The senate serves six years in congress while the house only serves two years
What is impeachment?
Impeachment is when the president is voted out of office and the vice president takes over.
What checks does Congress have on the other branches?
Congress can prevent the executive branch from carrying out any policy it disagrees with. Congress can check judicial branch by amending the constitution.
What are the main powers given to Congress?
Expressed powers to wield, including coining money, collecting taxes, regulating commence, raising and maintain arm forces, and declaring war. Implied powers is congress can " make all Laws which shall be necessary and proper for carrying into execution the (expressed) Powers and all other Powers vested by this constitution in the government." Inherent Powers is power to control borders.
What is an indirect tax?
a tax levied on one person but passed on to another for payment to the government.
What is the key constitutional clause that lies behind most of the implied powers of Congress?
"make all Laws which shall be necessary and proper for carrying into execution the (expressed) Powers and all other
Powers vested by this constitution in the government."
What is the significance of subpoenas to the work of Congress?
legal document that the witness testify in a certain manner
Why do you think the Constitution includes particular mention of bills of attainder, ex post facto laws, and suspension of the writ of habeas corpus?
The constitution includes mention to the bill of attainder, ex post facto laws and suspension of the writ habeas corpus laws because they all related to same thing
and the habeas corpus makes it so the person must go to court to face charges instead of letting the police take it upon themselves.
What are some areas of American life that Congress is involved in today that it was not at the time of the writing of the Constitution?
Congress has expanded the role of federal government since the constitution. During the great depression Congress passed laws that reached further into
American's life's then ever before. This also create social security for people when they grow old.
What is gerrymandering? What limits has the Supreme Court placed on gerrymandering?
drawing district boundaries for political advantage. The supreme court has not set an limits on this