Unit 4 Government Test: study guide

governor of the state

1. Expressed/Enumerated: powers directly expressed or stated in the Constitution (collect taxes, coin money, make war, raise and army/navy, and regulate commerce) 2. Implied: powers not specifically listed and spring from and depend upon the expressed powers (draft people into the armed forces) i. Basis in the Elastic Clause ii. Have helped the national government strengthen and expand its authority 3. Inherent: powers that the national government may exercise simply because it is a government (control immigration and establish diplomatic relations with other countries)

inherent power

categorical grants

It protects the states and the people from an all-powerful federal government. It provides that the states or the people retain all powers except those denied them or those specifically granted to the federal government. These \"reserved powers\" to the states is a check on the \"necessary and proper\" power of the federal government from the Elastic Clause.

\"Reserved Powers\": all powers except those denied them or those specifically granted to the federal government. Regulate public school systems, regulate intrastate commerce, establish local government systems, administer elections, and protect the public's health and welfare

6%

1. Give \"full faith and credit\" to the laws, records, and court decisions of other states 2. Give each other's citizens all the \"privileges and immunities\" of their own citizens 3. Extradite criminals and fugitives who flee across state lines to escape justice

Commerce Power (commerce clause)

taxing power and commerce power

...

- During Dual Federalism Pt. 1 (1830-early 1860's) - He believed the federal government was getting too big and they should go back to the original interpretation of the Constitution - Taney's Courts: ensure federal and state governments have clearly outlined and separate domains of power

1. Nationalization (1789-1830): federal government gains power 2. Dual Federalism Pt. 1 (1830-early 1860's): states retain power 3. Dual Federalism Pt. 2 (1860's-early 1930's): states gain power but still not equal to the federal government 4. Cooperative Federalism (1930's-1960's): federal government gains power 5. Creative Federalism (1960's-1970's): use grants to give federal government more power 6. New Federalism (1970's-1990's): states get power 7. Competitive Federalism (1990's-today): federal government and states compete for power & states and states compete for limited federal funds, businesses, and tax breaks

- Nationalization: judicial review and wanted to promote federalism - Broadly interpreted the Constitution

- Cooperative Federalism: during the Great Depression, the federal government gets tons of power under FDR - The New Deal: social revolution but kept us in the Great Depression longer; the government controlled the economy i. Not supposed to be around forever (ex. Social security)

- Powers that the national government and states both have - Levy taxes, borrow money, spend for general welfare, establish courts, and enact and enforce laws

- Sunset Laws: provision in a law that sets an automatic end date for the law i. Lawmakers are forced to review the need for continuing the law beyond that date (CA with air pollution) - Sunshine Laws: prohibit public officials from holding closed meetings (FL was the first to pass these)

- States have the right to reject federal laws if they are unfair (it was never a real law - over issue of slavery during the Civil War) - States used it to keep slavery but the federal government wanted control

- LBJ (1963-1969) used grants (money the federal government gives a state for a specific or undetermined purpose) to give the federal government more power - The Great Society: states rely on federal funding = the federal government tells the states what they need i. Block Grants: funds given to the state to be used in a specific area but states choose how it is spent ii. Categorical Grants: (restrictive on states) funds given to states for a particular purpose

- During Competitive Federalism - Federal mandates: force states to comply with certain laws (ex. Clean water standards) - If state doesn't follow mandates, civil and criminal punishments/penalties will be enforced upon them

- Strict: interpret Constitution how it is written so states gain more power because any power not delegated to federal government or denied to the states goes to the states - Broad: Elastic Clause grants the federal government power to do what is \"necessary or proper\" so they gain more power

- Layer Cake Dual Federalism Pt. 1 i. The federal government is the top and the state governments are the bottom. Each have clearly outlined and separate domains of power. - Marble Cake: Cooperative Federalism i. State, federal, and local governments become and intertwined and interdependent and work together

- Prevent tyranny by the government - Increased political participation by the people - States became new testing grounds for new policies and programs

- Regulate foreign and interstate commerce - Coin money - Provide an army and navy - Declare war - Establish federal courts below the Supreme Court - Conduct foreign relations - Exercise powers implied from the expressed powers

- From the states to national government i. Conduct and pay for elections of all national government officials ii. Approve amendments - From national government to the states i. Respect state's territorial integrity ii. Protect states from invasion and domestic violence iii. Guarantee a republican form of state government