Powers
What are implied powers?
powers assumed by congress (create banks) comes from the necessary and proper clause
What was the ruling over Mcculloch V. Maryland.
Supreme court ruled unanimously against Maryland stating “No state can use its taxing powers to tax a national instrument. This established the doctrine of implied powers through the necessary and proper clause This also effectively established national supremacy
What are grants?
Congress's most effective ways to influence states and state policies is through the use of money
What part of the constitution is the Full faith and credit clause?
article 4 section 1
Antifederalists supported this because states have their own choices in a way
What are expressed powers?
things specifically stated in the first 3 articles of the constitution (regulate interstate commerce, declare war, raise military)
What was ruled during the Gibbons V. Ogben case?
The US constitution had a commerce clause that allowed the federal government to regulate commerce. Previously, it was thought the federal government had power only interstate commerce. (trade from state to state
(true or false) There aren't restrictions/requirements/limitations to grants given by congress.
False! Congress sets restrictions/requirements/limitations on any grant given
What is an example of the Full faith and credit clause?
gay marriage is legal in some states it must be valid in all states
What are some ways that the government ensures federalist works?
- States are prohibited from making treaties, printing their own money, taxing imports/exports (things the federal government is in charge of).
- The federal government is prohibited from exercising its powers that interfere with the states' abilities to perform its responsibilities (protection comes from senators and representatives who are elected and want voters happy they protect state rights)
What are Inherent powers?
powers in the field of foreign affairs (US can acquire or purchase territories)
What happened previously to the Mcculloch V Maryland case?
Maryland opposed the idea of a national bank and levied a $10,000 tax on any bank nor incorporated within the state of Maryland. The rank of united states refused to pay the tax saying a state cant tax a federally created bank
What are Categorical-formula grants?
money for a specific purpose (school lunches, a new highway)
Often states have to contribute their own money as well, also under federal supervision to make sure money is used for the purpose it was given
What is an example of Extradition?
if Arkansas finds a criminal from Arizona they have to send them back to Arizona to have a court trial
which the federal government acts in accordance with the constitution it can overrule the states
What are reserved powers?
the constitution reserves for the states all powers not granted to the federal government (THE 10TH AMENDMENT), subject only to the limitations of the constitution
What happened previously to the Gibbons V. Ogben case?
Ogden ran boats from New York to New Jersey and Gibbons ran a competing ferry and was denied access to the New York waterways. New York courts ruled for Ogden saying congress has no law against New York having this monopoly therefore the New York law of granting Ogden monopoly is legal
What are Project grants?
based on application for those who would like to participate (can be given to states/local governments/ or non government agencies)
What is an Extradition?
Legal process where an alleged criminal is surrendered by one state to another state in which the crime had been committed
What is federalism?
A constitutional agreement where power is distributed to the federal and state governments
What are Concurrent powers?
powers that the Constitution gives to both the national state governments (taxes)
How does the Gibbons V. Ogben and the Mcculloch V Maryland relate to federalism?
These cases ensured that the original intention of the Constitution to make a strong central government was met and guaranteed that states cannot interfere with powers given to the federal government
What are Block grants?
broad grants to prescribed activities (welfare/education/health care) more flexibility and fewer strings attached
What is the Full faith and credit clause?
States must recognize civil judgments rendered by courts in different states and accept their records and acts as valid.
Why do we have federalism?
Checks the growth of tyranny: By having federalism we prevent the federal government from becoming overly powerful
Federalism allows unity without uniformity: National politicians don’t have to deal with every single state issue/problem
Encourages experimentation: State laws and programs can serve as examples or proving grounds for other states and the federal government itself to see what works and what does
Keeps government closer to the people: Because more people are involved in local governments it encourages more participation and those close to state situations can solve those state problems