Test Two Flashcards
1
Q
What are the enumerated or expressed powers?
A
powers of the national government that are listed/stated
2
Q
What are implied powers?
A
powers stretch existing powers national government has; power belongs to national government
3
Q
What are concurrent powers?
A
powers exercised by both the national and state governments in the American federal system
4
Q
What are reserved powers?
A
powers of the states; powers not granted to the national government or specifically denied to the states in the Constitution that are recognized by the 10th Amendment as belonging to the state governments
5
Q
What is the Full Faith & Credit clause?
A
require the acts and records of states (marriages, divorces, judicial settlements) will be recognized and given credence by other states
6
Q
What is the Privileges & Immunities clause?
A
requires states to treat citizens of other states fairly and equally the same as they do their own citizens
7
Q
What is extradition?
A
the official process where a state or county can transfer a suspected or convicted criminal to the state in which the crime was committed
8
Q
What is dual federalism?
A
where national and state powers are clearly distinguished and functionally separate
9
Q
What was the significance of the 14th Amendment?
A
the third major factor in the evolution of federalism and applied the Bill of Rights and equal protection to the states
10
Q
What is cooperative federalism?
A
where national, state, and local governments work together and merge resources to solve common problems
11
Q
What was the significance of Gitlow v. New York?
A
applied the Bill of Rights to the states for the first time; gives more power to the national government
12
Q
What was the significance of the 16th Amendment?
A
gave the government the power of income tax; the national government gained power over the states who were dependent on funding
13
Q
What are categorical grants?
A
specific grants with matching funds, and have many conditions
14
Q
How did the New Deal impact federalism?
A
by creating a psychological change that it’s the national government’s responsibility to solve the peoples’ problems
15
Q
What was the significance of Brown v. Board of Education?
A
Supreme Court rules that segregated schools aren’t equal protection and violate the 14th Amendment; integrate all schools
16
Q
What is a federal mandate? Examples?
A
when the federal government uses laws and funding to force states to do things (ex: withholding highway funding to encourage an enforced drinking age of 21)
17
Q
What is federal preemption? Examples?
A
when the federal government passes a law that trumps existing state law (ex: Water Quality Act, Air Quality Act)
18
Q
What are block grants?
A
general purpose act with fewer restrictions
19
Q
What is New Federalism?
A
attempt to give states more of a partnership in the relationship between state and national government
20
Q
What is devolution? Example?
A
an attempt to return responsibilities to the states which is mostly unsuccessful (ex: Welfare Reform Act)
21
Q
federal system
A
power distributed between the national and state governments
22
Q
What are the expressed powers?
A
- to coin money
- to conduct foreign relations
- to regulate interstate commerce
- to declare war
- to raise and support the military
- to establish post offices
- to establish courts inferior to the Supreme Court
- to admit new states
23
Q
Who has expressed power?
A
national government
24
Q
Who has concurrent power?
A
national and state government (shared)
25
Who has reserved power?
state government
26
What are the concurrent powers?
- to levy and collect taxes
- to borrow money
- to make and enforce laws
- to establish courts
- to provide for the general welfare
- to charter banks and corporations
27
What are the reserved powers?
- to conduct elections
- to provide for public health, safety, and morals
- to establish local governments
- to ratify amendments to the federal constitution
- to establish a state militia
28
McCulloch v. Maryland
decided the US government can make a national bank through the Necessary and Proper clause (aka the Elastic clause)
29
Gibbons v. Ogden
decided when it comes to interstate commerce the US government has exclusive authority
30
interstate commerce
any good or service that crosses state lines and has an economic effect
31
17th Amendment
allowed citizens of the state to elect the state legislature, rather than them being elected by the US senators
32
What was the framers of the 1876 Texas Constitution's view toward the government?
they were suspicious of the government so they wanted a very restricted one
33
What experiences contributed to this attitude?
Governor Davis and the bitter experience under Reconstruction (power was abused, centralized, and corrupt)
34
What are the criticisms of the 1876 Texas Constitution?
- excessive wording
- excessive amendments
- great statutory detail
- vague terminology
35
What is required for the proposal of a Texas Constitutional Amendment?
2/3 of both Houses
36
What is required for the approval of a Texas Constitutional Amendment?
simple majority of the voters in a special election
37
How many amendments does the Texas Constitution have?
467
38
What is a referendum?
the election to determine whether or not a bill will become law
39
When does the Texas Legislature meet in regular session?
every odd year for 140 days
40
Where do counties get their authority?
Texas Constitution
41
Name two functions that the counties do as agents of the state
- enforce state laws
- operate jails
- operate court house
42
what are the responsibilities and duties of the county commissioners court?
- establish the budget
- set property tax rate
- approve all major purposes
- cannot pass laws
43
Describe the duties of the county clerk
- conducts elections
| - maintains legal documents
44
what are the duties of the justice of the peace?
handles civil lawsuits under $5,000 and misdemeanors that result in a fine
45
What are the duties of the constable?
serve issued papers, can enforce state laws
46
what are the duties of the tax assessor/collector?
- collect property taxes
- issue vehicle titles
- take license fee
47
what are the duties of the county treasurer?
maintain county money and pay bills
48
what are the individual responsibilities of the county judge and each of the commissioners?
judge - presides over the commissioners court
| commissioners - maintains roads and bridges
49
what are the requirements and limitations for a general law city?
must have 200 or more people; restricted, can only do what's permitted in state law or Constitution
50
what are the requirements to be a home rule city?
5,000 population minimum. write a city charter (must be approved by a city wide election)
51
what are the advantages of being a home rule city over a general rule city?
can create own structure, can have initiative, referendum, recall; more flexibility
52
describe a strong mayor-council government
the mayor sets the agenda, hires department head, runs day to day business of the city, prepares the budget (ex: Houston, Chicago)
53
describe a weak mayor-council government
mayor only has one vote among council; general law cities have this
54
describe a council-manager government
the city council appoints a manager
55
what is the difference between annexation and extraterritorial jurisdiction?
annexation - taking unincorporated land and bringing into city limits
extraterritorial jurisdiction - control development in unincorporated area adjacent to your city through building permits and zoning
56
what is eminent domain?
government takes your property for just compensation
57
what was the decision in Kelo v. New London?
its constitutional to take land for public use which includes economic development
58
what are the three major sources of revenues for cities in texas?
- ad valorem tax
- sales tax
- franchise tax
59
ad valorem tax
property tax
60
what is a special district?
government that provides a special purpose to the tax payers
61
what is the most visible type of special district in Texas?
independent school districts
62
eminent domain
the act of a government to take property for public use with just compensation even if the owner does not wish to sell
63
general-law cities
cities with a population of 200 and usually under 5,000 whose structure and organization is limited by the Texas Constitution and state law; General Law cities also are restricted to legislating only matters permitted by the Texas Constitution and state law
64
strong mayor-council
the mayor hires department heads, prepares the budget, and is responsible for the management of city government; the mayor also sets the council agenda, proposes policy, and may veto council action; many old large cities have this form
65
weak mayor-council
the mayor and council share administrative authority; power is decentralized; mayor presides over council meetings and has ceremonial responsibilities; all general law cities have this form
66
council-manager system
the city council makes laws and policy; the mayor is weak and usually presides over council meetings and performs ceremonial responsibilities; the council and mayor appoint a professional administrator who hires department heads, prepares the budget, executes council policies, and manages the city government; the city manager serves at the pleasure of the council; most home rule cities have this form in Texas
67
general obligation bonds
method of borrowing money to pay for new construction projects, such as prisons, mental hospitals, or school facilities; the bonds, which require voter approval, are repaid with tax revenue
68
revenue bonds
bonds that are used to finance construction of a public facility and are repaid with income produce by the facility
69
county judge
presiding officer of a county commissioners court; this office also has some judicial authority, which is assumed by separate county courts-at-law in most urban counties
70
commissioners court
principal policy-making body for county government; it sets the county tax rate and supervises expenditures
71
district attorney
elected official who prosecutes more serious criminal offenses, usually felonies, before state district courts
72
ordinance
local law enacted by a city council
73
tax assessor-collector
elected official who determines how much property tax is owed on the different pieces of property within a county and then collects the tax
74
county clerk
chief record-keeping officer of a county
75
county treasurer
elected officer who is responsible for receiving and disbursing county funds
76
constable
elected law enforcement officer who is primarily responsible for executing court judgments, serving subpoenas, and delivering other legal documents
77
sheriff
elected official who is the chief law enforcement officer of a county
78
council of government
council comprised of representatives of other governments in a defined region of the state
- has no taxing authority
- regional planning agencies
- responsible for 16 county areas of North Texas
- controls all development that has regional impact
79
tax abatement
exemption from property taxes granted to certain businesses, usually to encourage them to move or to expand their operations in a city or county; the exemptions are granted for specific periods
80
county auditor
appointed officer who is primarily responsible for reviewing every bill and expenditure of a county to assure it is correct and legal
81
extraterritorial jurisdiction
power of an incorporated city to control development within nearby unincorporated areas
82
unitary system
constitutional government whereby authority rests with the national government, subnational governments have only those powers given to them by the national government
83
confederation
constitutional arrangement whereby the national government is created by and relies on subnational governments for its authority
84
Centralized Federalism
model of federalism in which the national government assumes primary responsibility for determining national goals in all major policy areas and directs state and local government activity through conditions attached to money grants
85
bicameral
any legislative body that consists of two separate chambers or houses; in the United States, the Senate represents 50 statewide voter constituencies, and the House of Representatives represents voters in 435 separate districts
86
Reconstruction
the post-Civil War period when the Southern states were occupied by federal troops and newly freed African Americans occupied many political offices and exercised civil rights
87
plural executive
a fragmented system of authority under which most statewide executive officeholders are elected independently of the governor
88
statutory law
law made by act of Congress or the state legislatures, as opposed to constitutional law
89
initiative
allows a specified number or percentage of voters by use of a petition to place a state constitutional amendment or a state law on the ballot for adoption or rejection by the sate electorate
90
home-rule cities
cities with a population of 5,000 or more whose citizens have written a city charter and have approved it in a citywide election; they can adopt their own structure, organization, and legislation as long as it is not prohibited by the Texas Constitution or state law; home rule permits local voters to have initiative, referendum, and recall
91
Texas Bill of Rights
- freedom of speech
- freedom of press
- freedom of religion
- right to keep and bear arms
- prohibits seizing property without just compensation (eminent domain)
- prohibits imprisonment for debt
- prohibits outlawry
- prohibits transportation (transporting someone out of state to exile them; kicking them out and not allowing them to return)
- prohibits monopolies
- no unreasonable searches and seizures
- right to trial by jury
92
public safety
fire department and police men
93
1974 Constitutional reforms
Constitutional Convention of 1974
- legislature unable to pass revisions
- poor political leadership
- opposition of special interests
- disagreement over right to work provision
94
Special Districts
```
Special Purpose
- Water
- Transportation
- Community Colleges
- Hospitals
Independent School Districts
- get their money from property taxes
- the school board sets the tax rate, hires the superintendent, sets the policy (including discipline), determines (within the TEA guidelines) the textbooks
```
95
annexation
the taking of unincorporated land; adding land to the city; cannot take and annex other cities without their permission
96
tax increment financing
where a community will get a petition and go to city council and ask for extra taxation to set money aside for a cause (used for services ex: extra foot police)
97
public improvement districts
contract agreement in which the city is enhanced, but taxes aren't raised (used for public improvements; the residents pay for the improvements separate from taxes)
98
enterprise zones
areas where you try to attract businesses to undeveloped or underdeveloped areas of your cities by offering not only tax abatements, but also low interest loans
99
charter
document, based on state authorization, which defines the structure, powers, and responsibilities of a city government
100
county government
administer and collect some state taxes, enforce a variety of sate laws and regulations, build roads and bridges, administer local welfare programs, aid in fire protection
101
nullification
the states'-rights doctrine that a state can refuse to recognize or to enforce a federal law passed by the United States Congress.
102
secession
The action of withdrawing formally from membership of a federation or body, esp. a political state: "secession from the union".
103
Jacksonian Democracy
A movement for more democracy in American government in the 1830s. Led by President Andrew Jackson, this movement championed greater rights for the common man and was opposed to any signs of aristocracy in the nation. Jacksonian democracy was aided by the strong spirit of equality among the people of the newer settlements in the South and West. It was also aided by the extension of the vote in eastern states to men without property; in the early days of the United States, many places had allowed only male property owners to vote
104
county commissioner
a member of a U.S. county board overseeing the collection and disbursement of funds and other affairs of the county
105
South Dakota v. Dole
[Petitioner's Claim] That a law withholding federal highway funds from states which did not adopt a minimum drinking age of 21 years was in violation of the Twenty-first Amendment to the Constitution, and of constitutional limits on the spending power of Congress.
[Decision] That Title 23 U.S.C. 158, passed by Congress in 1984, did not violate the spending-power clause; rather, in view of a four-part test regarding aspects such as its "pursuit of 'the general welfare,'" the Court found that 158 was a noncoercive effort to benefit all.
106
New York v. United States
[Petitioners' Claim] That the Low-Level Radioactive Waste Act Amendments of 1985, which regulated states' management of nuclear waste, violated the Tenth Amendment's reservation of powers for the states, as well as the Guarantee Clause of the Constitution.
[Decision] That two of the act's three incentives to encourage compliance with federal waste-management laws were constitutional under the Commerce Clause; but that a third provision punishing non-compliance was unconstitutional, because it violated the Tenth Amendment.
107
Printz v. United States
[Petitioner's Claim] That Congress's use of the Brady Act to require "chief law enforcement officers" (CLEOs) in a local jurisdiction to conduct background checks of handgun purchasers, and to perform other duties, is unconstitutional.
[Decision] That the "Necessary and Proper" Clause in Article I of the Constitution did not give Congress authority to override state legislatures and require local CLEOs to perform background checks.
108
Gonzales v. Raich
[Question Presented] Does the Controlled Substance Act exceed Congress' power under the commerce clause as applied to the intrastate cultivation and possession of marijuana for medical use?
[Conclusion] No. In a 6-3 opinion, the Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary.
109
Garcia v. San Antonio Metro
[Appellant's Claim] That the San Antonio Metropolitan Transit Authority (SAMTA) owed their employees overtime pay according to the Fair Labor Standards Act (FLSA).
[Decision] SAMTA was not immune from overtime and minimum wage requirements set forth in the FLSA and must pay appellant his overtime wages.
110
Gonzales V. Oregon
[Question Presented] Did the Controlled Substances Act authorize the attorney general to ban the use of controlled substances for physician-assisted suicide in Oregon?
[Conclusion] No. In a 6-3 opinion, the Court held that Congress intended the CSA to prevent doctors only from engaging in illicit drug dealing, not to define general standards of state medical practice. Moreover, the CSA did not authorize Attorney General John Ashcroft to declare a medical practice authorized under state law to be illegitimate.
111
United States v. Lopez
[Petitioner's Claim] That it was left to Congress to decide what seriously affects interstate commerce and Congress found the Gun-Free School Zone Act constitutional under the Commerce Clause.
[Decision] The Court stated that Congress had overstepped the bounds of the Commerce Clause; the act was deemed unconstitutional.
112
National League of Cities v. Usery
[Appellant's Claim] That 1974 congressional amendments to the Fair Labor Standards Act, placing state governments under the authority of minimum wage and maximum hour provisions in the act, constituted a violation of the Tenth Amendment.
[Decision] That congressional use of the Fair Labor Standards Act to regulate the states' employment policy was unconstitutional because it violated the Tenth Amendment, which reserves for the states all power not delegated to the federal government.
