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The Federal System Chapter 4
Terms in this set (85)
The Constitution grants the government
3 national powers which are also known as delegate powers. << powers that the constitution grants or denies to the national government
those powers directly stated or expressed in the constitution by the founders. includes the power to levy and collect taxes, coin money, raise and army, regulate commerce among the states. another name for expressed powers is enumerated powers
the powers the national government requires to carry out that are expressly defined in the constitution. they spring from and depend upon the expressed powers. (example power to draft people)
what was the necessary and proper clause a basis of?
the implied powers. often called the elastic clause because it allowed Congress to stretch its powers.
those powers that the government may exercise simply because it is a government are its
inherent powers. (example the government must control immigration and establish diplomatic relations with other countries, even though these powers are not spelled out in the constitution.
In the Federalist papers by James Madison he argued that
the constitution granted few & limited powers to the national government while the states powers were many & broadly drawn.
The constitution also reserves
certain powers to certain states.(reserved powers). The constitution does not list the powers specifically, it grants to the states those powers. example ( regulation of public school systems)
Article VI section 2, of the constitution makes the acts & treaties of the U.S Constitution
supreme. also called the supremacy clause.
No state law or state constitution may conflict with any form of national law. It requires that all national & state officials and judges be bound to support the Constitution. state officials are not permitted to use their states reserved powers to interfere with the constitution.
the powers that both the national government and the states have. each level of government exercises these powers independently. (power to tax, maintain federal courts & define crimes, and to appropriate private property for public use.
article 1, section 9 of the constitution enumerates those things the national government cannot do, the national government cannot tax exports, and it cannot interfere with the ability of states to carry out their responsibilities.
the next section of article I presents a long list of powers denied to the states, no state can make any laws impairing the obligation of contracts, or grant titles of nobility.
states must have congressional permission to collect duties on exports o r imports to make agreements-called compacts-with other states.
the constitution obliges the national government to do three things for the states. the three obligations are outlined in article IV, section 3 & 4.
republican form of government,
protection, territorial integrity.
what is a republican form of government?
the national government must guarantee each state a republican form of government. Enforcement of the guarantee has become a congressional responsibility. when congress allows senators and representatives from a state to take their seats in congress, it is in effect ruling that the state has a republican form of government.
what is protection?
the national government must protect states from invasion and domestic violence. an attack by a foreign power on one state is a considered an attack on the United States.
when national laws are violated, federal property is threatened, or federal responsibility is interfered with, the president may send troops, without the local authorities.
what is territorial integrity?
the national government has the duty to respect the territorial integrity of each state. the national government cannot use territory; that is part of an existing state to create a new state unless the national government had permission for the legislature of the state to get involved.
37 states have joined the Union, since the original 13 formed the nation. What procedures do these territories then follow to become states?
the constitution gives congress the power to admit new states to the Union. there are two restrictions on this power. first as noted earlier, no state may be formed by taking territory from one or more states without the consent of the states involved and of congress. second, acts, of admission, like all laws, are subject to presidential veto.
the procedure for admission begins when congress passes an enabling act.
what is the enabling act
the enabling act is when it is signed by the president & it enables the people of a territory, interested in becoming a state to prepare a constitution. then, after the constitution has been drafted & approved by a popular vote in the area, it is submitted by congress. if congress is still agreeable, it passes an act admitting the territory as a state.
5 states - Vermont, Kentucky, Tennessee, maine, and West Virginia
were created from existing states. Two states, West Virginia & Texas, were admitted under unusual circumstances,
congress or the president may impose certain conditions before admitting a new state,
including requiring changes in the drafted constitution submitted by a territory.
the supreme court
has ruled the president or congress may impose conditions for admission of a state. once a state is admitted, however, those conditions may be enforced only if they do not interfere with the new state's authority to manage its own internal affairs.
west virginia was created
from 40 western countries of Virginia that broke away when Virginia seceded from the Union.
independence from mexico, and sought annexation to the United States for several years before being admitted
the last two states ti be admitted ( Alaska & Hawaii)
shortened the admission process. they adopted a proposed constitution without waiting for an enabling act. both were admitted in 1959.
puerto rico considered statehood
over a period of several decades.
in 1911 president taft vetoed the congressional resolution admitting arizona because he objected
to a section in the arizona constitution dealing with the recall of judges.
once admitted to the union,
each state is equal to every other state and has rights to control its internal affairs. no state has more privileges or fewer obligations than any other.
each state is also legally separate from every other state in the Union. All states in the Union are bound to support the Constitution.
the national governor's association supports federalism by helping governors in state
policy making and in influencing national policy. In 19808 president theodore first called the nation's governors together to discuss conservation. after that the governors began to meet regularly as the governors conference began to deal with a variety.
focused their attention on national policy concerns. The NGA affiliates addressed educational, welfare, and health care reforms, as well as changing balance in the federal system.
the states perform two important functions for the national government
first state & local governments conduct & pay for elections of all government officials. (article 1, section 4)
under the same provision, congress has the authority to alter state election laws should it so desire.
The state also plays a key role in amending the constitution;
no amendment can be added to the constitution unless three-fourths of the state approve it.
the question of national versus state power arose early in our nations history in the 1819 court case
McCulloch vs Maryland- the Supreme court ruled on a conflict between a state government and the national government.
United States vs Lopez
the court held that the congress had exceeded its authority over the states by passing a law banning gun possession in or near schools.
conflicts & jealousies have been a major reason for
drafting the constitution in 1787. one way the constitution dealt with this problem was to strengthen the national gov, set legal ground rules, such as extradition for relationship among the states,
requires states to give full full faith & credit to laws, records, court decisions
2) give one another's citizens privilages & immunities of their own citizens.
3) extradite- return to a state criminals & fugitives who flee across state lines to escape justice.
the constitution states that full faith & credit shall be given in each state
to the public acts, records, and judicial proceedings of every other state. In other words: each state must recognize the laws and legal proceedings of the other states.
laws relating to disputes between individuals, groups,or within the state. One state cannot enforce another state's criminal laws.
laws passed by state legislatures
various court actions such as judgments to pay a debt
the court has never given a complete list of privilages & immunities
are rights to pass through or live in any state, use the courts, make contracts, buy, sell, and hold property, and marry
<<does not apply to voting, serving on juries, and using certain public facilities.>>
the supreme court has softened the meaning of extradition provision by ruling that a governor is not required to
return a fugitive to another state. although that extradition is routine in the vast majority of cases, ocasionally a governor will refuse.
the constitution requires the states to settle their differences through
another way without the use of force. The principal way in which the states may do this is negotiate interstate compacts. such compacts are written agreements between 2 or more states. the national government or foreign countries may also be part of the interstate compact.
congress must approve interstate compacts
because it prevents states from threatening the union by making alliances among themselves. once a compact has been signed and approved by congress, it is binding on all states signing it. its terms are enforceable by the supreme court.
through out american history there have been 2 quite different views on how federalism should operate.
1) states rights position-favors state and local action in dealign with problems
2) nationalist position- favors national action in dealing with these matters
the states rights positions holds that the constitution is a
compact among states. states rightists argue that the states created the national government and gave it only certain limited powers.
state right supporters believe state governments are closer to the people and better reflect their wishes than
the national government.
at various points in United States History did the Supreme Court accept the states right position
under chief justice roger b. taney. 91836-1864) the court supported states rights against powers of the national government. the same was true from 1918 to 1936 when the court ruled new federal laws attempting to regulate child labor, industry, and agriculture in states unconstitutional. during thse times, the court largely ignored John Marshall's principle of implied powers set out in McCulloch vs. maryland. Instead, it based its decision on the tenth amendment which says powers not delegated to the national government are reserved to the states or the people.
the nationalist position rejects the idea of the constitution
as merely a compact among the states. Nationalists deny that the national government is an agent of the states. They argue that it was the people, not the states, who created both the national government and the states. Therefore, the national government is not subordinate to the states.
nationalists believe that the powers expressly delegated to the national government government should be expanded as necessary to carry out
the peoples will. they hold the necessary & proper clause of the constitution means that congress has the right to adopt any means that are convenient and useful to carry out its delegated powers. they also claim that the reserved powers of the states should not limit how the national government can use its own powers.
nationalists believe that the national government stands for all the people. while each state speaks
for only part of the people. they look to the national government to take the lead in solving major social and economic problems facing the nation.
the nationalist position was established in 1819 with
McCulloch vs Maryland.
a major factor shaping the development of American federalism has become the growth in the size and power of the government. over the years, this expansion
came largely @ the expense of the states.
a key reason for the change is that the constitutions flexibility has allowed the supreme court, congress, and the president to stretch the governments powers to meet the needs of a modern industrial nation
the expansion of the national government's powers has been based on three major constitutional provisions
1) war powers
2) power to regulate interstate commerce
3) the power to tax & spend
the national government
has power to wage war. this authority has greatly expanded the federal governments power because in todays world, national defense involves more than simply putting troops in the field. such factors as the condition of the economy and the strength of the educational system can affect the nations military capabilities.
congress has the authority to raise taxes, and spend money on such purposes. it is levied on individual earnings has become the major source of money for the national government. it gives the national government much greater financial resources than any state or local government has.
congress has used its taxing power to increase the national governments authority in two ways.
1) taxes may be used to regulate businesses
2) congress may use taxes to influence states to adopt certain programs
federal laws allow employers to deduct from their federal taxes any state taxes they pay to support state unemployment programs. this federal tax break helped persuade all the states to set up their own unemployment insurance programs.
as the national government has grown
and enlarged its powers, congress has developed two major ways to influence the policies of the state & local government.
the first is by providing money through various federal grants.
the second is by imposing mandates that take away or preempt, the ability of state and local governments to make their own policies.
the national government has always provided different types of aid to the states.
1862: congress passed a law giving nearly 6 million acres of public land to the states for support of the colleges. since the 1950s federal aid to the state and local governments has increased.
the main way the national government provides money to the states is through
federal grants. these are sums of money given to state or local governments to be spent for a variety of specific purposes.
federal grants redistribute income among the states
taxes are collected by the federal government from citizens in all fifty states; this money is the allocated through grants to people in other states. the process of deciding how grant money is allocated can be very political, with states & their representatives, in congress, competing fiercely to get as large as a share as possible.
federal aid programs provide
money only if the state & local authorities are willing to meet conditions set by congress.
the power to assume responsibility for a state government function, in order to gain authority over a state.
preemption laws limit the authority of state and local governments through restraints & mandates.
a restraint is a requirement set by congress that prohibits a local or state government from exercising a certain power. a mandate is a federal order requiring states to provide a service or undertake an activity in a manner that meets minimum national standards set by congress.
federal preemption laws
address issues such as setting water quality & cleaning air standards & protecting civil rights.
advocates of states dislike the
preemption laws because the may prevent the enforcement of a state or local law. they also can interfere with the ability of local and state governments to set priorities for themselves finally preemption laws do not require congress to pay for new mandates. congress can therefore establish new programs and regulations and pass the burden of paying for them to the states.
the course of action action the government takes in
response to some issue or problem is called public policy. federalism affects public policy making in two ways. first it affects how and where new policies are made in the United States. Second it introduces limits on policy making.
the existence of states and thousands of local governments encourage experimenting
with new policies and idea. Federalism permits states & localities to serve as proving grounds where new policies can be developed and tested. (example georgia was the first state to try out allowing 18 year olds to vote.)
require periodic checks of government agencies to see if they are still needed. In California local interest groups concerned with the environment were able to get the state to start new air pollution control group programs. California became a model for national air-pollution.
In 1967 Florida passed
a sunshine law prohibiting public officials from holding closed meetings
sometimes the national government imposes new policies on states in which local pressure groups
have resisted change. some of the great political struggles in the nations history have occurred over such policies. In the late 1950s and early 1960s African Americans struggled to win voting & other civil rights in many states. States & local officials resisted these changes. Eventually African American leaders attracted enough national government to force the states to change civil rights & voting policies.
Politics in the United States however, is not a desperate all or nothing struggle for control of the national government because federalism makes victories in state and local elections possible.
each political party has change to win some elections somewhere in the system. in this way, federalism , helps to lessen the risk of one political party gaining a monopoly on political powers.
after the civil war, for example the democratic party went into long period of decline on the national level
yet he party survived because democratic candidates managed to maintain control of many state & local bases, the party developed new policies and new leadership with which to challenge the majority party.
the democratic party controlled the white house for
only 5 of the 12 presidential terms between 1952 to 2000. Democratic organization @ the state and local level, however, enabled the party to win a majority in Congress, during most of that period.
opportunities for citizens of the United States to participate in politics at the national, state, and local levels. It also increases the possibility that a person's participation will have some practical effect @ any one of these levels.
federalism provides for
several levels of government, people have easier access to political office. the road to national office begins at the local or state level. this aspect of federalism has tended to preserve political organization form bottom up.
american federalism gives citizens many
points of access to government and increases their opportunities for influencing public policy.
americans vote frequently
for governors, state lawmakers, mayors, council members, school board members county prosecuters, and many other state and local officials. they also vote for such local issues.
citizens may also work with interest groups to influence
national policies and state & local government agencies.
members of a local labor union may work together to support their union's efforts
to influence passage of a law in the state legislature.
a related effect of federalism is an increased change in
in ones political participation will have some practical impact. most people are more likely to become involved in political activities if they think there is a reasonable chance their efforts will bear fruit. People working in the campaign of a candidates city council, for example, need to persuade relatively few votes to elect their candidate. the increased change for success encourages political participation
since the 1960s more and more public policy has been initiated by people in government service.
the great increase in federal programs beginning in the mid 1930s called for a large bureaucracy or organization of government administrators to carry out legislation.
various political analysts have used the term technocracy to describe
this kind of decision making which is based on the technical expertise of professionals.
the increase in federal programs also changed
the relationship between state & federal officials. as mayors and state officials sought to take advantage of the new federal programs, they needed to work more closely with federal officials. organizations such as the u.s conference of mayors established headquarters in washington d.c, to keep up with events to stay in touch with lawmakers. in time these officials acquired political influence.
federalism allows for real economic and political differences among the states because it permits each state considerable freedom in arranging its own internal affairs.
as result, some states, do more than others to regulate business & industry,, while some provide more health & welfare services. AMong the individuals states, some have stricter criminal laws & some have higher taxes.
because states can create different economic &
political environments, americans have wide range of choices regarding the conditions under which they want to live, depending upon which state they live in. this also means that when people cross a state boundary, they become members of a different political system with its own officials, taxes, and laws.
since the founding of the country,
there has always has been a debate about what the proper devision of powers between the national government and the states should be. while the general tendency over the years has been in favor of the national government, the power balance is constantly evolving in response to new issues.
democrats have generally supported a nationalist position favoring federal grants
that are supervised by congress and target & specific issues. republicans have favored a states' rights view and preferred relying upon the judgement of state and local authorities. because of the relatively even distribution of party seats, in recent Congresses, legislation has reflected both positions. for example, congress, has given states greater control over spending for rural development, allowed states, to set their own highway speed limits, and transfered responsibility for social welfare programs. at the time, congress has established national food safety standards & voided sate laws limiting telecommunications competition.
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