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Introduction to American Politics
THIS IS HARD
Terms in this set (30)
A system of gov in which power is divided between a central gov and regional gov
The US Constitution divides power between?
The central gov and the state govs
Nations with diverse ethnic or language groupings, like Switzerland and Canada, are most likely...?
to adopt federal arrangements
both states and the federal gov are sovereign
The US was the first nation to
adopt federalism as it governing framework
A Unitary System
is one dominated by the central or national gov in which lower levels of gov have little independent power. They are common in many parts of the world.
IN a unitary system, lower levels of gov
implement decisions made by the central gov
In a unitary systems, the national gov often involves itself in even the small
details of local activity
What are the two types of power in Federalism in the constitution?
Expressed and Implied Powers
specific powers in the constitution granted to CONGRESS and THE PRESIDENT
There are 17 Expressed Powers
They are found in Article I, Section 8, and Article II of the constitution
found at the end of Article I
which grant CONGRESS the right to "make all laws, which shall be necessary and proper" to execute its expressed powers
Federalism in the constitution: "THE SUPREME LAW OF THE LAND"
IN ADDITION TO ARTICLE I, the powers granted to the national gov in Article VI state that the law of congress shall be "THE SUPREME LAW OF THE LAND", or the supreme clause. This means that if there is a conflict between federal and state law, federal law prevails.
Federalism in the constitution: STATES' POWERS
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.
Powers not specifically granted to the federal government or denied to the states belong to the states and the people
who pressed hardest for the ratification of the tenth amendment?
The anti-federalists, who feared a strong national gov
Federalism in the Constitution: Police Powers
Powers reserved to the state gov to regulate health, safety, and morals of its citizens
a given state has the ability to develop and enforce criminal codes, administer health and safety rules, and regulate marriage and divorce laws
States also regulate Individual livelihoods through
licenses to practice medicine, law, and various other professions, and define and enforce laws concerning PRIVATE PROPERTY
Police Power can be vast, which means
other functions, besides law enforcement, fall under the category of law
The 10 amendment explains
why there is so much variation in state laws on all manners of policies
gives states extensive latitude
policies that may be very popular in one state may be entirely unappealing in another
allows states to pursue policies that are attuned with their political culture and public preferences.
Federalism in the constitution: Concurrent Powers
-the authority possessed by both state and national gov, such as the power to levy taxes
-In some areas, states share concurrent powers with the national gov whereby they retain and share some power to regulate commerce and affect currency, by being able to charter banks, grant or deny licenses to engage in a business or practice a trade, regulate the conditions of labor, or levy taxes.
Article IV, section 1
full faith and credit clause
full faith and credit clause
Article IV, Sec 1
-1) it requires that states give "full faith and credit" to each other's "public acts, records, and judicial proceedings"
-2)States are normally expected to honor the public acts and judicial decisions that take place in another
-3) if a practice in one state s against the "strong public policy" of another state, then the state that is against the practice is not obligated to recognize it.
Article IV, Sec 2
the privileges and immensities clause, guarantees that all citizens from outside a given state enjoy the "privileges and immunitities " granted to all citizens of that state
2) this has come to mean that a state cannot Discriminate against someone from another state or give special privileges to its own residents
1)previously a state-level policy, same-sex marriage was declared a fundamental right by the supreme court in 2015
2) The decision faced immediate backlash when clerks in some states refused to issue marriage licenses to same-sex couples issue marriage licenses to same-sex couples
3)oppositions has since died down and same-sex marriage is no longer an issue of federalism
Same-Sex Marriage PART 2
in 1996, THE DEFENSE OF MARRIAGE ACT was created
The Defense of Marriage Act
declared that states would not have to recognize a same-sex marriage from another state
2013 United States V Windsor
Struck down the part of the Defense of Marriage Act giving same-sex couples a guarantee to equal treatment under the law of issues relating to taxes, inheritance, and other FEDERAL LAWS
2015, Obergefell v. Hodges
the court ruled that the 14th amendment guaranteed the fundamental right to same-sex marriage
2) this ruling immediately required all 50 states to offer marriage licenses to same-sex couples and to recognize same-sex marriages licensed out of state
Federalism is at the center of a national debate over marijuana policy:
while marijuana remains illegal under federal law, some states permit its medicinal or recreational use. At the heart of federalism lies the question of what level of government should make policy in a given issue area.
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