Ap gov test 4 – Flashcards

The division of power between national and state governments

Enumerated Powers-Expressed Powers are delegated powers of the National government that are given to it in so many words by the Constitution. Also, the expressed powers are sometimes called the "enumerated powers." Examples of expressed/enumerated powers are to declare war, defend the country, coin money,and punish law breakers.

Reserved Powers-To reserve means to save. All powers not specifically delegated by the Federal government are to be reserved or saved for the state governments. The 10th amendment declares states are governments of reserved powers. The reserved power scope is huge. Examples of reserved powers are to issue drivers' licenses, create marriage laws, create standards for schools, and conduct elections.

Concurrent Powers-Concurrent means "at the same time." Concurrent Powers are those that both the federal and state governments have simultaneously. Meaning these powers are shared between federal and state governments. Examples of Concurrent Powers are to collect taxes, protect rights, make laws for the environment, and make agreements with foreign countries.

Delegated Powers-Delegated powers are expressed, implied, and inherent powers that are granted to the National Government by the Constitution. Delegate means to specifically assign.Delegated powers are powers specifically assigned to the Federal Government. The founding fathers feared a national government that would overstep its bounds,so they took care to only allow the national government very specific powers.

Implied Powers-Implied powers are the delegated powers of the National Government inferred from the expressed powers. These are powers that are not specifically delegated in the Constitution, but are understood to be necessary or allowed. The elastic clause, also referred to as the necessary and proper clause, allows these by stating that congress has the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers." An example of an implied power was Hamilton's creation of the National Bank. The power to create a bank is not delegated by the federal government but it was necessary to create a bank to coin money and regulate economy.

April 1816 congress chartered the second national bank. The bank was controversial because some people believed that bank harmed state economies. Maryland passed a stamp tax on paper used to make money. James Mccullough a bank cashier refused to pay the tax. The state of Maryland brought a case against him.

The supreme court said the national bank is legal because of the necessary and proper clause.

The tax was a violation of the principle of National Supremacy

Written by James Madison

Supremacy Clause-The Supremacy Clause is the provision in article six. The Supremacy Clause of the Constitution requires conflicts between federal law and state law to be resolved in favor of federal law. State laws that violate the constitution, federal laws, or international treaties can be invalidated through the Supremacy Clause. The US is a federalist government where citizens are subject to powers of several governmental units. The US constitution tells us that the federal government is the highest or supreme governmental power. For example, in the McCulloch V.Maryland case the supreme court ruled as a result that the tax was a violation of the national supremacy.

regulate immigration acquire territory deport aliens

national government is supreme within its sphere, the states are equally supreme in theirs - the two spheres should be kept separate

concerns federalism as a marble cake in which all levels of government are involved in a variety of issues and programs

developed during the nixon era, it called for the return of some authority to the states

developed during the Reagan years, it called for returning authority for programs and taxation to state government

authority for programs and taxation to state government

-encourages experimentation -checks the growth of tyranny -allows unity without uniformity -keeps government close to the people

Full Faith and Credit Clause-The federal government must prevent the states from subdividing or combining to form new states without congressional consent. In article IV, section 1 of the US constitution, Full Faith and credit clause requires other states to enforce the civil judgements of other courts. For example, the states are required to accept the court judgements, licenses, contracts, and other civil acts of all the other states.

Extradition-The federal government must prevent the states from subdividing or combining to form new states without congressional consent. Extradition is a legal process in which a fugitive from justice in a state is returned to that state from another. For example, if two friends committed a murder in Alabama and then drove to Georgia. Alabama would put out a warrant for their arrest to notify Georgia that the suspects could possibly be there. The two friends get pulled over for drinking and driving. Georgia has the right to arrest them and then notifies Alabama. The two friends are then brought back to Alabama for prosecution.

Privileges and Immunities-Article IV, Section 2, Clause 1 States must extend to citizens of other states the same rights and privileges that are afforded to their own citizens. For example, the states may not refuse police protection or access to their courts to a US citizen just because that person lives in another state.

Huge

An agreement between two or more states and Or foreign nations. An example of interstate compact would be an agreement to share natural resources or electric power sources.

"Necessary and proper" clause -The "Necessary and proper' clause is a section of the Constitution allowing congress to pass all laws "necessary and proper" to its duties, and which has permitted Congress to exercise powers not specifically given to it by the constitution. For example, this clause came along from McCulloch V. Maryland in 1819. While John Marshall was leading the supreme court, James McCulloch, the cashier of the Baltimore branch of the Bank of the United States which was created by congress, refused to pay a tax levied on the bank. The word bank is not directly listed in the constitution but things like "lay and collect taxes," "issue a currency," and "borrow funds" is listed. Therefore, Johns Marshall's words were "Necessary and proper." The Supreme court said that the National Bank is legal because of the Necessary and Proper Clause. Since it is legal, the tax is a violation of the principle of National Supremacy.

10th Amendment-The tenth amendment says that, "the powers not delegated to the United Staes by the Constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people." The 10th amendment allows for the balance between federal and states. The federal government only has powers specifically granted in the constitution. For example, the power to declare war, collect taxes, and regulate interstate business. Any power not directly listed is given to the states. For example, marriage, divorce, adoption, driving age, liquor control, and law enforcement.

Created for specific purposes by congress , such as wefare, adoption , road and bridge construcyion

Categorical Grants-Categorical Grants are federal grants for specific purposes. Grants can only be used for the purposes stated in the legislation.For example, grants are used to build an airport, a college dormitory, or to make welfare payments to low-income mothers. Categorical grants usually require that the state or locality put up money to "match" some part of the federal grant. Categorical Grants are preferred by Democrats because of the "strings attached" to the grant.

Legislation

Democrats because of the "strings attached" to the grant

Job training, health, public housing

Block Grants-Block Grants are money from the national government that states can spend within broad guidelines determined by Washington. Block grants allow for regional governments to experiment with different ways of spending money. For example, the Grants are used for job training, health and public housing. Block Grants are preferred by Republicans because there are virtually no "strings attached."

Preferred by republicans because there are virtually "no strings attached "

Project grants are ones for which recipients must apply directly to the agency responsible for the grant

Grants are used for alcohol education, environmental cleanup, AIDS research and cultural programs

Federal agencies and departments

Created by the state and local fiscal assistance act of 1972 it distributed some 6$ billion dollars annually to state and local governments

Virtually "no strings attached"

1972-1987 - the program's lost support during the Reagan presidency

Following the explosion of grants-in- aid in the 1960s, state and local governments began organizing themselves into lobbying groups to press for more federal and for their communities

Unfunded Mandates-An unfunded mandate is a statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements.When a federal government imposes a law or regulation without necessary funding, it becomes the responsibility of the state or local government to pay for the implementation of the law. For example, in 1984 when the National Minimum Drinking Age Act was passed it prohibited the sale of alcohol to minors. Therefore, the states had to pay out of their own budget for advertising materials, legal processes, and licensing for retailers. This was an unfunded mandate because the states were forced to implement this law but did not have any finical assistance.

Fiscal Federalism-Fiscal Federalism is financial relations between units of governments in a federal government system. Fiscal federalism is part of broader public finance discipline. The term was introduced by the German-born American economist Richard Musgrave in 1959. Fiscal federalism deals with the division of governmental functions and financial relations among levels of government. For example, it is assumed that the federal government can deal with problems like distribution of income, efficient and effective allocation of resources, and economic stability.

Horizontal Federalism-Horizontal Federalism means the obligations of the states to each other. For example, the governors of Georgia, North Carolina, and Tennessee in 2001 signed the Southern Air Principles which directed their states' environmental agencies to work together to develop a plan to address air pollution problems in the southern Appalachian Mountains.

extradition, full faith and credit, interstate compact, priviledges and immunities

unfunded mandates, categorical grants, block grants, conditions-of-aid, and intergovernmental lobby