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Ch.4 am. Gov.
Terms in this set (38)
Such as Power to coin money, are exercised only by federal government
Such as power to establish public schools, are exercised only by states
Such as power to tax, are shared by states and federal gov.
-Framers believed gov. Power must be divided and limited so that it cannot threaten individual liberty
-constitution divides power between federal gov. And the states through this
-allows local gov. To handle local concerns while national gov. Deals w/ national issues
•gives each of states some flexibility when dealing w/ changes
-lets nation respond in United way to serious crises like war or national disasters
-congressional powers specified in constitution in article I include power to coin money, raise armed forces, and levy taxes
-others are granted to pres. In article II and Supreme Court in article III
-necessary and proper clause
-congress exercises many of these that are based upon its expressed powers
-include building the interstate highway system and banning racial discrimination in public places
Necessary and proper clause
Gives congress power to make all laws "necessary and proper" for carrying out its expressed powers, so it is said to stretch to cover many situations
-every national gov. Has certain powers that are not based on constitution
-include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy
-constitution denies certain powers to federal gov.
•some specified denied(prohibit Freedom and religion,etc.)
•denied powers(creating national school 5 yrs.)
•national gov. Cannot have powers that would undermine existence of fed. Sys.
State reserved powers
-10th amendment reserves to states all powers not given to federal gov. Or denied to states
•can have state assistance(general welfare)
-issuing driver's licenses is example
Powers denied the states
-states are denied some powers by nature of fed. Sys. By constitution
-constitution is this of the land, standing above all treaties and acts of congress
-state and federal laws sometimes conflict
-Supreme Court settles conflicts betw. State and federal laws
-court ruled if state laws vs. federal laws, federal laws wins if constitutional
-republican form of gov
-protection from invasion and internal disorder
-respect for territorial integrity
What must National gov. Guarantee to each state?
Guarantee each state a republican form of gov.
Interpreted to mean that each state must have a representative gov.
Federal gov. Must protect states from invasions and domestic violence
Interpreted that federal force has rarely been used to restore order inside a state, tho is happened in the 1960s during civil rights movement
By state request, but if national laws , functions, or property are endangered, they do not need to wait for request
How do pres. Normally send in troops?
Must recognize the legal existence and physical borders of each state
-each state must be represented in U.s. Congress
When congress began granting federal laws and money to the states early in the nations history, what were they used to establish?
Schools, colleges, and roads, while cash grants were less common until 1930s
More than 500 grant programs offering about $300 billion, what do states depend on this money for?
To fund services, which increase influence of the federal government in many policy areas
Types of federal gov. That congress sets aside money for these three types of grants-in-aid
Must be only for a specific purpose. They require states to contribute their own funds, have an agency monitoring the grant, and obey funeral guidelines for using grant money
Have broader goals and fewer strings attached
Fund various state and local projects
Assists state and local police
Trains and equips state national guard units
Federal gov. Does what for states?
Pays local gov. The equivalent of property taxes on federal land
State government assists how
National government assist by state and local government pay and organize election process
How do states work together to preserve the union?
-state gov. Make intestate compacts
-states offer full faith and credit to the laws, official records, and court rulings of other states
-states extradite fugitives to other states
-states respect privileges and immunities of residents of other states
-encourage cooperation between public universities, and coordinate the conversation of water and wildlife
-states also cooperate to manage shared resources and border areas
Full faith credit clause
Of constitution requires each state to honor and enforce he laws, official documents, and court rulings
Of other states
2 exceptions to the full faith and credit Clause
1)applies only to the civil laws to each state, not criminal laws
2)if a person who doesn't love in a state is granted a divorce by that state, the state in which that person actually resides can refuse to recognize the divorce
What does constitution state about ppl charged with crime in one state and then flee to another
Must be extradited-returned to state where they were originally charged
No state can make ______ distinctions between its residents and residents of another state
Each state must recognize what?
Right of any American to travel in or become a resident of that state
-citizens can also marry, buy, own, rent, sell property and use courts in any states, no matter where they live
States can make _____ distinctions between their residents and those of other states
Ppl are required what?
Live In a state for certain period of time before they can vote, hold public office, or be licensed in certain professions
States can charge who?
Higher feeds to out-of-state hunters, fishers, or students attending a states public universities
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