Upgrade to remove ads
Government 2305 Chapter 3
Ron Quiram - blinn College
Terms in this set (52)
System of government where the national government and state governments share power and derive all authority from the people
System of Government where the local and regional governments derive all authority from a strong national government.
In Constitution, include powers such as: taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense.
The final part of the Bill of Rights that defines the basic principle of American federalism in stating: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Reserve (or Police) Powers
Powers reserved to the states by the Tenth Amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens.
powers shared by the national and state governments.
Bill of Attainder
A law declaring an act illegal without a judicial trial.
Ex Post Facto Law
Law that makes an act punishable as a crime even if the action was legal at the time it was committed.
Full Faith and Credit Clause
Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
Priveleges and Immunities Clause
Part of Article IV of the Constitution that guaranteeing that the citizens of each are afforded the same rights as citizens of all other states.
Part of Article IV of the constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.
Contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns.
McCulloch v. Maryland (1819)
The Supreme Court upheld the power of the national government and denied the right of the state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.
Gibbons v. Ogden (1824)
The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause payed the way for later rulings upholding expansive federal powers.
Barron vs. Baltimore (1833)
The Supreme Court ruled that the due process clause of the 5th amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone.
The belief of having seperate and equally powerful levels of government is the best arrangement.
Autorized Congress to enact a national income tax.
Made senators directly elected by the people; removed their selection from state legislatures.
The intertwined relationship between the national, state, and local governments that began with the New Deal.
Grants that allocated federal funds to states with specific purpose.
Federal-state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments.
Broad grant with few strings attached; given to states by the federal government for general gatagories of activity, such as secondary education or health services.
National laws that direct state or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain little or no federal funding to defray the cost of meeting these requirements.
A concept derived from the Constitution's supremacy clause that allows the naional government to override or preempt state or local actions in certain areas.
The right of a state to be free from a lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all states are considered sovereign (indisputable).
Type of government where the national govt. derives its powers from the states; a league of independent states.
Dred Scott vs. Sandford (1857)
The supreme Court concluded that the U.S. Congress lacked the constitutional authority to bar slavery in the territories. This decision narrowed the scope of national power, while it enhanced that of the states.
The purported right of a state to declare void a federal law
The name given to the program of "Relief, Recovery, Reform," Begun by President Franklin D. Roosevelt in 1933 to bring the US out the Great Depression
_________ if one of 3 methods government uses to organize power
3 methods that government use to organize power
1. unitary system- Central gov. have all the power and the states have very little.
2. Federalism- power is split 50-50
3. Confederation - national gov. gets it powers from the states.
Article 1 sec 8 gives powers to the________
Who has expressed (explained), delegated (given), and enumerated (numbered) powers
Central Government - found in the constitution
What are 3 Federal Government powers found in the constitution
1. Power to print money (coin money)
2. Power to conduct foreign Policy
3. Power to run a post office
also* provide an army and navy
In What amendment are the powers to the states found
Powers given to the states are called _________
What are the 5 Reserved Powers for the states
1. Power to run public schools
2. Domestic relations (marriage laws)
3. Intrastate Commerce - trade w/in the state
* Gibbons vs. Ogden (1824)
4. Gambling Laws
5. Gun Laws
Implied powers belong to...
Where do they get this power from?
-the Central Govt.
- comes from the necessary and proper clause (Elastic Clause)
What case is related to implied powers
McCulloch vs. Maryland (1819)
- Deals with national bank
- States tried to tax the national banks out of business
Inherent Powers belong to....
The central govt.
- Inherent powers mean its known, understood. not Stated in the constitution
EX: Power to defend yourself if your attacked
EX: Power to regulate borders
Concurrent powers belong to
both the state and central govt.
What are the 3 concurrent (shared) powers
1. both can make and enforce laws.
2. both can establish courts.
3. Both can create roads and bridges.
What are 4 powers prohibited to the central gov. and where are they found
Found in Article 1 sec. 9.
1. barred from favoring one state over another
2. impose export taxes among states
3. Changing state boundaries
4. taxing one state
What are 2 powers denied to the states
- print own money
- treaties with other countries
What are 3 powers denied to states and central govt.
1. cant deny the right to vote based on race (15th amd)
2. cant deny the right to vote based on race ( 19th Amd. )
3. Cant deny the right to vote base on age (26th amd).
Federalism is like a ......
- Members have certain obligations to the organization
- The organization has obligations to the members.
What are 4 Federal obligations to the states
1. Territorial integrity to the state
-Cant change state boundaries
Exception: Virginia and West Virginia
2. Guarantee each state a republican (free) form of govt.
- Dorr Rebellion: 2 groups of people in Rhode island claim to be be the state government.
3. Protect each state from invasion
- reason why Georgia signed the constitution
4. On application from the state protect the state from Domestic Violence.
- EX: riots in california. First La police called, Then state police, then Feds.
What are 5 state obligations to each other
1. Full Faith & Credit Clause: legal documents are legal in other states. (Marriage license)
- indefense marriage act: If a state legalizez same sex marriage, other states have the right to accept/reject the marriage.
2. Priviledges and immunities
-someone from outside the state has the same rights as someone inside the state.
3. Taxing Clause
- can't tax someone from outside the state more than someone inside the state.
4. Extradition of Fugitives: criminals that go into dif. states after committing a crime in a dif. state must be returned to state.
5. Right to ingress and Regress
- right to enter and leave a state
3 reasons why fugitives wont be returned to other states
1. Serial killer- committed crimes in several states.
2. cruel and unusual punishment
3. If a state didn't think that a person would get a fair trial.
4 ways Central government takes powers from the state.
1. Sue a state- Central govt. can sue a state for doing something unconstitutional
- When a federal govt. sures a state it takes place in federal court. meaning central govt. almost always wins.
2. Withhold Federal funds- Federal govt. will withhold funds to make sure a state is doing what they want and spending money the way they want.
3. Deny a state Representation in Congress: Never happened- but alabama was threatened b/c only 2% of blacks voted.
4. Declare War on a state
- most extreme case
Ex: Tx succeeded- Civil War
In what way can the state take power from the govt.
Lopez vs. United States
- 1st time the state won in 60 years
- deals w/ gun free school zones
- fed. govt. cant regulate gun free school zones.
This set is often in folders with...
Government 2305 Chapter 2
GOVT 2305 Quiram exam 1
GOVERNMENT 2305 CH 6
2305 Blinn Chapter 9
You might also like...
Government Chapter 4 Federalism
Unit 4 - Federalism
U. S government chapter 4
Other sets by this creator
health assessment ch. 22 musculoskeletal
Exam 2 test questions for pharm
Test questions for pharm exam 2
Pharmacology Exam 2 NClex Questions- lf
Other Quizlet sets
Bank Soal Petroleague Internal SC
Jane Eyre Quotes