Chapter 4-Federalism – Flashcards

The Framers chose federalism as a way of government because they believed that governmental power inevitably poses a threat to individual liberty, the exercise of governmental power must be restrained, and that to divide governmental power is to prevent its abuse.

is a system of government in which a written constitution divides the powers of government on a territorial basis, between a central government and several regional governments, usually called states or provinces. This system of government is set out in the Constitution. Both the national and state governments have their own separate powers.

- Delegated powers, expressed powers, implied powers, and inherent powers

can be expressed, implied and inherent

expressed powers are those powers delegated to the National Government in so many words. These powers may also be called the enumerated powers. These powers are expressed in the 27 powers given to Congress

The implied powers are not expressly stated in the Constitution. A good example for this is the Necessary and Proper Clause, or the Elastic Clause, because it can refer to a variety of different powers.

The inherent powers are those that belong to the National Government because it is the national government of a sovereign state in the world community. Although the Constitution does not expressly provide for them, they are powers that, over time, all national governments have come to possess. There are not that many inherent powers

are stated in the Constitution and silent in the Constitution. For example, the Constitution says that the national government may not have the power to levy duties on exports, take private property for public use without the payment of just compensation, prohibit freedom of religion, speech, press, or assembly, and many others. Some of the silent powers denied are the power to create a national public school system, to enact uniform marriage and divorce laws, and set up units of local government. Some powers are denied to the national government because of the federal system itself.

reserved powers

Reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. There are tons of reserved powers for the states because most of what our government does is through the States.

are done so by the existence of a federal system. Therefore, no state government can tax any of the agencies or functions of the National Government.

Exclusive powers are most of the powers that the Constitution delegates to the National Government. They can only be exercised by the National Government. - Concurrent powers are powers that both the National Government and States possess and exercise. These powers include the power to levy and collect taxes, define crimes and set punishments for them, and to condemn private property for public use.

Supremacy Clause

The Supremacy Clause said that the laws and treaties of the United States are the supreme Law of the Land, meaning that the Constitution ranks above all other forms of law in the United States. - The Supreme Court is the umpire in the federal system. It applies the Supremacy Clause.

The Constitution requires the National Government to guarantee to every State in the Union a Republican Form of Government. A Republican Form of Government is typically defined as "representative government".

Congress

the Constitution places only one restriction on the power: a new state can't be created by taking territory from one or more of the existing states without the consent of the legislatures of the states involved

- First, Congress must pass an ENABLING ACT which is an act directing the people of the territory to frame a proposed state constitution. After the constitution, Congress passes an ACT OF ADMISSION, which is an act creating the new state.

categorical grants, block grants, and project grants

are made for some specific, closely defined purpose (school lunches or construction of airports). They usually have some strings attached as well

are made for broadly defined purposes (healthcare, social services, or welfare). They also have fewer strings attached

are grants made to states, localities, and sometimes private agencies that apply for the grants. There are also many other types of federal aid.

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are agreements among states and with foreign states

most often comes into play in court matters. With this clause, a person can prove age, place of birth, marital status, title to property, and similar facts by securing the necessary documents from the State where the record was made.

is the legal process by which a fugitive from justice none State can be returned to that State.

means that no State can draw unreasonable distinction between its own residents and those persons who happen to live in another state