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Terms in this set (29)
How is the movement from the unitary system to federalism system representative Montesquieu's political philosophy?
Federalism separates power between the state and central government like Montesquieu's Separation of Powers.
What are the four types of government power created by the U.S. Constitution?
Which of those powers were given to the federal government?
How does Federalist 45 try to argue that reserved powers trump federal power?
It argues that the states had more implied powers
Name two direct limits on government from the U.S. Constitution.
-Can not deny Habeas Corpus (Trial by Jury)
-Can not favor one state over another
-Can not grant titles of nobility
-Can not tax other states
-Can not create an army
-Can not coin money
What is the Full Faith and Credit Clause?
States will respect the laws in other states in return for the same respect.
Ex. A person can not be free after arriving in another state's borders when they have committed a crime in a previous state.
What is the Supremacy Clause?
The Federal Government is supreme
What two doctrines emerged because of slavery which almost destroyed the Federal System?
Doctrine of Nullification- states can ignore federal laws if they disagree with the law
Doctrine of Secession- states can separate from the country if deemed fit
What were the two trends (types) of federalism established by Roosevelt and Reagan? Compare and contrast.
- Federal and State governments working together (Cooperative Federalism). Enlarged government power.
- Shifted power from the federal government to the states.
How do grants give the federal government power to shape state decisions? Explain.
Grants make states rely on the money the Federal Government gives.
The New Deal
Federal and State governments working together (Cooperative Federalism). Enlarged government power.
Powers granted to the national government were "few and defined," and the powers of the states were "numerous and indefinite."
(Argued that states would be more powerful than the central government)
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.
Power in strong central government
expressed powers (enumerated)
Powers from the Constitution
Powers not stated in the Constitution
Powers reserved for the states
Powers shared by the state and federal government
doctrine of nullification
States can ignore laws they disagree with
new federalism (devolution)
Shifting power to the states
Money given to states with "strings attached"
Grants with a specific purpose
Grants given for a general purpose, generally with more money
Divided sovereignty. Power divided between the state and federal government
conditions of aid
Terms set by the national government that states must meet if they are to receive certain federal funds.
demands on states to carry out certain policies whether or not they accept federal grants.
Free of government intervention
Did Congress have the power to establish a National Bank?
The necessary and proper clause supports the creation of the national banks, and therefore, is not a violation of the Constitution
Did Congress law override the powers of the state of Maryland?
The supremacy clause denies the state the power to tax a national entity.
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