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| National government and state governments share power and derive authority from the people |
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| local and regional governments derive all authority from a strong national government |
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Term
| What is stated in Article 1, section 8 of the Constitution? |
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| The Elastic clause/ necesary and proper clause; National government are to have implied powers that are to be only necesary and proper when made to carry out the enumerated powers that are listed |
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| Supremacy Clause (article and description) |
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| Article 6; national government is supreme in situations of conflict |
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| What is said in Article 1? |
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| It talks about Legislative branch's separate powers, how to go about doing elections, the limits of Congress |
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| What is said in Article 2? |
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| The Executive Branch's duty's, presidential powers and duties, each state appoint electors in Electoral college to vot for president |
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| It says that all the other "police powers" left from national government are delegated to states or to the people |
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| concurrent powers; what are they? |
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| powers shared by national and state governments; borrow money , establish courts, charter banks, spend money |
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| What does the Constitution porhibit from the Bill of attainder? |
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Definition
| law that declares an act illegal before a judiciary trial |
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Term
| What does the Constitution prohibit about the expost facto laws? |
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Definition
| It makes an act punishable as a crime even if the action was legal at the time it was committed |
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| full faith and credit clause (article and description) |
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Definition
| Article 4; ensure judicial decrees and contracts made in one state forceable to another |
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| Privaledges and Immunities Clause (article and description) |
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| Article 6; guaranteeing citizens of each state afforded same rights as all citizens |
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| extradition clause (article and description) |
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| ARticle 6; require states to return criminals to states the crime has been committed |
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| contracts between states that carry the force of law; to address multistate policy concerns |
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| 1819; 1st to show national government's power; Supreme Court ruled that a state could not tax a federal bank that is at national level; if power was given to states to tax national bank then power would be in state's hands |
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| 1824; 2nd to show nationalization; both New York and New Jersey operated commercial shipping in the Hudson River. New York was trying to interfere with Interstate Commerce laws that federal government was controlling; trade among states are to be excercised without limitations; granted Robert Fulton right to do interstate trade |
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| ruling of due process clause being only applied to Congress only and not states (5th Amendment of Bill of Rights) |
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| having separate and equally powerful levels of government is best |
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| 1857; Supreme Court ruling the U.S. Congress lacked authority to bar slavery in territories. This enhanced the powers of the states; he was a slave brought by his owner to a free state |
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| right of a states to declare void on a federal law; power of the states over the national; but it nevered came into practice |
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| National government enacted a tariff act that raised duties on raw materials, iron, hemp, and flax; reduced protections against imported woolen goods. |
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| authorized Congress to enact a national income tax |
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| Senators directly elected by the people, removing their selection from state legislatures |
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| relief, recovery, reform to get US out of Great Depression; seen unconstitutional |
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| Congress appropriates funds for specific purposes |
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| reagan wanted to return power to states |
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| large grant with general guidelines given to the states |
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| national laws that place programs onto state governments, yet didn't contain much about the funding to meet requirements |
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| concept allowing national government to override states |
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| collect money from groups to fund another group of citizens |
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| gives states leeway in actin gon issues normally considered a national scope |
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Term
| How would Senate leaders be elected? |
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Definition
| State legistatures would appoint people to be in Senate |
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Term
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| 2 Chambers of Congress; House and Senate; combination of Virginia plan that favored bigger states (more reps) and New Jersey plan that favored small states (equal reps) |
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Term
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| look at acts of lower courts to determine if they are constitutional |
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| two steps to changing Constitution? |
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Definition
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Term
| cooperative or creative federalism |
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Definition
| Increases power of national government |
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Term
| Describe the shifts in Federalism? |
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Definition
| federalism gives national gov power (mcculoch v maryland) does Congress have the power to tax federal banks ; Dual federalism with Dred Scott v Stanford case was favoring the states; Cooperative federalism (the New Deal to pull society out of Great Depression) and categorical grants shifted power to national government ; then New federalism that included block gave power to states; and progre |
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| Federal government have control over what states spend money on |
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| used to determine how many people to put in house |
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| decides if are constitutional |
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| The problems with Bill of Rights |
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| opposed because states already had Bill of Rights so no need for federal one; it would weaken national government because it limits what they can and cannot do; wouldn't be easy to enforce because it's hard to limit people's personal liberties |
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