federalism
a system of government in which a written constitution divides power between a central, or national, government adn several regional governtments
division of powers
Basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis (in the United States, between the National Government and the States).
delegated powers
powers of the national govt
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
powers denied to national government
expressly, silence of the constitution, federal system
federal system
powers denied to national government.
doesnt intend tha tthe national govt should have any power to take action that would threaten the existence of that system.
EX; in teh exercise of its power to tax, congress cannot tax any of teh states and their loca
silence of the constitution
powers denied to national govt
cant create public school system for the nation, cant enact uniform marriage and divorce laws, adn cant set up units of local government
expressly
power denied to national govt
the powers to levy duties on exports;prohibit freedom of religion, speech, press, or assembly; conduct illegal searches or seizures; deny to any person accused of a crime a speedy adn public trial or a trial by jury
powers of the state
reserved powers:
-person under 18 cannot marry without parent's concent
-under 21 cannot buy alcohol
-ban the sale of pornography, outlaw prostitution, and permit gambling and prohibit others.
-require doctors, lawyers, hair dressers, and plumbers to be l
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
powers shared by the state and federal governments
supreme court
The pinnacle of the American judicial system. The court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike ot
guarentee every state a republican form of government, protect from invasions and internal disorder, and respect for territorial integrity (recignize the legal existence and teh physical boundries of each state.)
according to the constitution, what are the national government's obligations to the states
republican government
System of government in which power is held by the voters and is exercised by elected representatives responsible for promoting the common welfare.
enabling act
a congressional act directing the people of a United States territory to frame a proposed State constitution as a step towards admission to the Union
act of admission
a congressional act admitting a new state to the union
ask congress for admission, pass enabling act, convention prepares constitution, voted by states, back to congress and approved, finaly act of admission
steps congress takes to admitting new states to the union
cooperative federalism
The theory that the states and the national government should cooperate in solving problems.
grants-in-aid program
grants of federal money or other resources to the states or their cities, counties, and other local units.
revenue sharing
Form of federal monetary aid under which Congress gave a share of federal tax revenue, with virtually no restrictions, to the States, cities, counties, and townships
categorical grant
one type of federal grants-in-aid; made for some specific, closely defined, purpose
block grant
one type of federal grants-in-aid for some particular but broadly defined area of public policy
project grant
one type of federal grants-in-aid; made for specific projects to States, localities, and private agencies who apply for them
interstate compact
Formal agreement entered into with the consent of Congress, between or among States, or between a State and a foreign State
examples of interstate compacts
compact for the supervision of parolees and probationers, compact on juveniles, compacts designed to coordinate the development adn conservation such as resource as water, oil, wildlife, and fish; prevent forest fires; combat stream and harbor pollution;
full faith and credit clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Exceptions: it applies to civil, not criminal matters only
-not be given to certain divorces granted by one state to residents of ano
extradition
The legal process by which a fugitive from justice in one state is returned to that state
Governors are the State executives that handle the extradition process.
If a governor is unwilling to return a fugitive to a State, federal courts can intervene and
privileges and immunities clause
Constitution's stipulation that all citizens are entitled to certain "privileges and immunities," regardless of their State of residence; no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other s
The Framers were dedicated to the concept of limited government. They were convinced
(1) that governmental power poses a threat to individual liberty,
(2) that therefore the exercise of governmental power must be restrained, and
(3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.
The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers:
The expressed powers are those found directly within the Constitution.
The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.
The inherent powers belong to the National Governmen
Powers are denied to the National Government in three distinct ways:
Some powers, such as the power to levy duties on exports or prohibit the freedom of religion, speech, press, or assembly, are expressly denied to the National Government in the Constitution.
Also, some powers are denied to the National Government because
The Federal System and Local Governments
There are more than 87,000 units of local government in the United States today.
Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws.
Local governments, since they are crea
The Nation's Obligations to the States
Republican Form of Government
The Constitution requires the National Government to "guarantee to every State in this Union a Republican
Form of Government."
Invasion and Internal Disorder
The National Government is also required to provide defense of the
Cooperative Federalism
Grants-in-aid programs are grants of federal money or other resources to the States and/or their cities, counties, and other local units.
Revenue sharing, used between 1972 and 1987, gave an annual share of federal tax revenues to the States and their loc
interstate compact
No State may enter into any treaty, alliance, or confederation.
However, the States may, with the consent of Congress, enter into interstate compacts�agreements among themselves and with foreign states.
More than 200 compacts are now in force, and range i
privilages and immunities
States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saens v. Roe, 1999.
However, States can draw reasonable distinctions between its own residents and those of other space, such as cha