Chapter 4 – Federalism

federalism

a system of government in which a written constitution divides power between a central, or national, government

division of powers

basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis

delegated powers

those powers, expressed, implied, or inherent, granted to the National Government by the Constitution

expressed powers

those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"

implied powers

those delegated powers of the National government that are suggested by the expressed powers set out in the Constitution; those "necessary and proper" to carry out the expressed powers

inherent powers

Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

reserved powers

those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States

exclusive powers

those powers that can be exercised by the National Government alone

concurrent powers

those powers that both the national Government and the States possess and exercise

enabling act

a congressional act directing the people of a United States territory to frame a proposed State constitution as a step towards admissions to the Union

act of admissions

a congressional act admitting a new State to the Union

grants-in-aid program

grants of federal money or other resources to State, cities, counties, and other local units

block grants

one type of federal grants-in-aid for some particular but broadly defined area of public policy

interstate compacts

formal agreement entered into the consent of Congress, between or among States, or between a State and a foreign state

full faith and credit

Constitution’s requirement that each State accept the public acts, records, and judicial proceedings of every other State

extradiction

the legal process by which a fugitive from justice in one State is returned to that state

division of powers

this was implied in the original Constitution and then spelled out in the Bill of Rights

New Jersey

___ and Oregon, the law forbids motorists to pump their own gas

North Dakota

state that does not require voters to register in order to cast their ballots

Nebraska

state that has a unicameral legislature

Oregon

only state that has legalized physician-assisted suicide

Supremacy Clause

"linchpin of the Constitution", the Constitution stand above all other forms of law in the United States

McCulloch v. Maryland

land mark case that made it impossible to overstate the significance of the Court’s function as the umpire of the federal system

federalism

provides for two basic levels of government (a dual government)

expressed powers

include the power to lay and collect taxes, to coin money, to regulate foreign and interstate commerce, to raise and maintain armed forces, to declare war, to fix standards of weights and measures, to grant patents and copyrights, and to do many other things

implied powers

allow for the regulation of labor management relations, the building of hydroelectric power dams, and the building of the 42,000-mile interstate highway system. It has made federal crimes of such acts as moving stolen goods, gambling devices, and kidnapped persons across state lines.

inherent powers

include the power to regulate immigration, to deport aliens, to acquire territory, to grant diplomatic recognition to other states, and to protect the nation against rebellion or other attempts to overthrow the government by force or violence.

division of powers

dual system of government; government to operate simultaneously

denied powers

powers that the government cannot do; powers are expressely, silently, or inherently denied

exclusive powers

states cannot exercise these powers under any circumstances

local government

Purpose – provide services, regulate activities; carry out a lot of the power of the states

grants-in-aid

when the federal government grants money and resources to that states so that the states can continue on with their daily functions

revenue sharing

a sharing of the taxes; ‘Lulu Payments’

catagorical grants

funds can only be used for that particular project

block grants

more broadly defined purposes, fewer strings attached; local governments have more in the say

Privileges and immunities

states cannot make distinctions between their own residents and residents of another state; buy, rent, own, or sell property from all 50 states