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78 terms

Federalism Test

STUDY
PLAY
What are 3 tyoes of power the Constitution grants the national government? What are these powers called?
1. expressed
2. implied
3. inherent
DELEGATED POWERS
Expressed Powers
powers directly stated in the constitution
What is another name for expressed powers?
enumerated powers
Implied Powers
powers that the government requires to carry out expressed constitutional powers
What is the constitutional basis for implied powers?
necessary and proper clause
What is another name for the necessary and proper clause and why is it called this?
the elastic clause and because it allows congress to stretch their powers
How have implied powers helped the national government?
they helped to strengthen and expand authority to meet many problems that the founding fathers did not forsee
Inherent Powers
powers that the national government may excersize simply because it is a government
Reserved Powers
powers that belong strictly to the states
The states may excersize and power not delegated to the __________ government, reserved to the ________ or ________ to them by the Constitution.
national
states
prohibited
Supremacy Clause
statement in Article VI of the Constitution establishing that the Constitution, laws passed by Congress, and treaties of the US "shall be supremem law of the land"
Concurrent Powers
powers both the national and state government have
WHAT ARE THREE THINGS THE CONSTITUTION SAYS THE NATIONAL GOVERNMENT MUST DO FOR THE STATES?
1. GUARENTEE EACH STATE A REPUBLICAN FOR OF GOVERNMENT
2. PROTECT AGAINST INVASION AND DOMESTIC VIOLENCE
3. DUTY TO REPECT TERRITORIAL INTEGRETY OF EACH STATE
Republican form of Government
a representative form of government
Who enforces the promise of a republican form of government?
congress
How does Congress show it accepts the ststea government as a republic?
they allow senators and representatives from a state to take a seat in congress
The national government must protect states from _______ and _________ ___________
invasion
domestic violence
An attack by a foreign power on a state is considered an attack on the ________ _______
United States
Congress has given the President authority to send _________ troops to put down domestic disorders when state official ask for help
federal
UNDER WHAT 3 CONDITIONS CAN THE PRESIDENT SEND IN TROOPS WITHOUT PERMISSION OF STATE OFFICIALS?
1. WHEN NATIONAL LAWS ARE VIOLATED
2. FEDERAL PROPERTY IS THREATENED
3. FEDERAL RESPONSIBILITIES ARE INTERFERRED WITH
How has the national government expanded its definition of domestic violence
it now includes natural disasters such as earthquakes, troops, hurricanes, and tornados
The national governemtn cannot use _______ that is part of an existing state to create a new state unless the national government has permission form the legistlature of the stae involved.
territory
The Constitution goves _______ the power to admit new states to the union
Congress
WHAT ARE 2 RESTRICTIONS ON THE POWER TO ADMIT NEW TATES TO THE UNION
1. NO STATE MAY BE FORMED BY TAKING TERRITORY FROM ONE OR MORE STATES W/OUT CONSENT OF THE STATE AND CONGRESS
2. ACT OF ADMISSION, LIKE ALL LAWS, ARE SUBJECTED TO PRESIDENTIAL VETO
The admission p[rocedure for states when Congress passes and ______ ______
enabling act
What does an enabling act allow a state to do
people involved of the territory are allowed to establish a constitution
Who has to sign an enabling act
the President
After a state has been drafted and approved by popular vote, it is submitted to _______
congress
Name the last two states to be admitted to the union and the year they were admitted
Alask and Hawaii in 1959
Once admitted to the union each state is _____ to every state and has no more ____ or fewer obligation
equal
priviiledges
WHAT ARE THE 2 OBLIGATIONS STATES PERFORM FOR THE NATIONAL GOVERNMENT
1. STATE AND LOCAL GOV. CONDUCT AND PAY FOR NATIONAL ELECTIONS
2. PLAY A KEY ROLE IN AMMENDING
Because federalism divides the power of government, conflicts which arise are usually settled by the _____ courts particularly the _____ ____
federal
supreme court
WHAT ARE 3 THINGS ARTICE IV REQUIRES OF THE STATES
1. GIVE FULL FAITH AND CREDIT TO THE LAWS, RECORDS, AND COURT DECIONS OF OTHER STATES
2. GIVE ONE ANOTHERS CITIZENS ALL PRIVLEDGES AND IMMUNITIES OF THEIR OWN CITIZENS
3. EXTRADITE CRIMINALS AND FUGITIVES WHO FLEE ACROSS STATE LINES TO ESCAPE JUSTICE
Full Faith and Credit Clause
each state must recognize laws and legal preceedings of other states
Why was there a need for a rule requiring each state to recognize the laws and legal preceedings of other states
1. w/out it each state could treat others like foreign countries
2. each state could become a haven for people who decided to move to another state to avoid legal duties and responsibilities
No state may ______ unreasonibley against the citizens of another state
discriminate
Each state must provide citizens of other states the same ______ and _____ it provides its own citizens
priviledges
immunities
THE COURTS HAVE NEVER GIVEN A COMPLETE LISTING OF PRIVLEGES AND IMMUNITIES. LIST 5
1. RIGHT TO PASS THROUGH OR LIVE IN ANY STATE
2. USE COURTS
3. MAKE CONTRACTS
4. BUY, SELL, AND HOLD PROPERTY
5. MARRY
LIST 6 WAYS STATES CAN LEGALLY DISCRIMINATE AGAINST CITIZENS OF ANOTHER STATE
1. VOTING
2. SERVING ON JURIES
3. USING CERTAIN PUBLIC FACILITIES
4. LIVING IN A STATE FOR A CERTAIN AMOUNT OF TIME FOR CERTAIN PROFESSIONS
5. PAY MORE FOR HUNTING AND FISHING LICENSES
6. PAY MORE FOR COLLEGE TUTITION
Extadition
legal procedure through which a person accused of a crime that has fled to another state is returned to the state where the crime took place
Congress has made _____ of each state which a fugitive has fled responsible for returning them
govorners
Interstate Compact
states must settle differences w/ one another w/out use of force
Both the _____ gov. and _____ countries may be involved with states in interstate compacts
national
foreign
LIST 4 PROBLEMS STATES USE INTERSTATE COMPACTS TO HELP SOLVE TODAY
1. WATER POLLUTION
2. PEST CONTROL
3. TOLL BRIDGES
4. TRANSPORTATION
The ___ ____ is the only court in which states can sue each other
supreme court
Defense of Marrige Act
a law passed by congress and signed by President Clinton in 1996, this law bans federal recognition of same sex marrige and allows states not to honor same sex marriges peformed legally in other states
The defense of marrige act further said only heterosexual marriges would be recognized for ____ ____ such as ___ and ____ _______
federal benifits
Social Security
Gov. Pentions
In 2000 ______ became the first state to santion _____ _____ between same sex couples
Vermont
civil unions
A ceremony is performed by a _____ or a _____ ___
judge
clergy member
Vermont does not require _____ or ____ tests
residency
blood
Once united what are the benifits same sex couples receive in Vermont
couple entitled to all benifits protections and responsibilitesa that are granted to married couples
Same sex marriges have now been legalized in ______ ; ______ ; ______; ________ ___________; ____________
Vermont, Massachusetts, Connecticutt, New Hampshire, Washington, D.C.
IN _____ _____; ______ _____; and _______ same sex marriges are regognized but notperformed
New York; Rhode Island; and Maryland
Policy
stated plan of action
Announcing a policy mean a person or organization has decided upon a way of handling similar _____
issues
Public Policy
course of action a Gov. takes in response to some issue of problem
What are two way federalism affects public policy
1. how and where new policeies are made in the us
2. introduces limits on gov. policy making
The existence of 50 state gov. and more the ______ total gov. in the US encourages expirimenting with new poilicies an ideas
87, 900
Federalism allows states to act a ____ _____ or laboratories, where new policies can be developed and tested
proving grounds
___ was the first state to allow 18 year olds to vote
Georgis
______ pioneered sunset laws
Colorado
Sunset laws
requires periodic checks of gov agencies to see if they are still needed
In _______ local interest groups concerned with the environment were able to get the state to start new ____ _____ conrol programs
California
Air Pollution
California laws became a model for national ____ _____ laws
air pollution
______ passed sunshine laws
Florida
Sunshine Laws
prohibits public official from holding closed meetings
Dual Federalism
form of federalism in which states and the national government each remain supreme within their own spheres
Cooperative Federalism
form of federalism w/ mingled respondibilities and blurred distintion between responsibilities
Fiscal Federalism
pattern of spending and providing grantsin the federal system
Grants-in-Aids
main instrument the national gov uses for both aiding and influencing states and localities
_____ is the main source of federal aid
categorical grants
Cross Over Sanctions
using federal dollars in one program in influence state and local policy in another (witholding federal funds unless ates up drinking age)
Cross Cutting Sanction
occurs when conditon on one federal grant is extended to all activites supported by federal funds regardless of there source
PRoject Grants
mmost common type of categorical grant; is awarded on a basis of comeptitive applications
Formula Grants
distributed according to a formula: states and local gov automatically receive funds bases on a formula developed from factors such as population, or per capita income, percentage of rural population
Block Grants
used to support broad programs in areas like community developement and social services
Underfunded Federal MAndate
program mandated by COngress and administered by the states but only paticially funded by the federal gov
Unfunded Federal Mandate
programs mandated by congress where state and local gov must soend money to comply but receive no financial help from the gov