Powers of the government under the united states constitution Flashcards | Quizlet
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Powers of the government under the united states constitution

Terms in this set (53)

Why federalism?
It divides the power between national gvernment and state government
The framers were convinved that:...
1. The governmental power poses a threat to individual liberty
2. The excess government must be restrained (because it can take away liberty)
3. To divide governmental power (federal )
Federalism defined
The divison of power between the national government and the states
Where is the division between state government stated in the constitution
Implied in the original constitution and then spelle out in the Bill of Rights (10th amendment)
What is said about the division between state and government implied in the original constitution and spelled out in the bill of rights?
- a dual system of government
- two basic levels of government, each with its own area of authority (fed gov and state gov)
- each operates over the same people and same territory
- allows local action in matters of local concern (states) and national action in areas of wider concern
EXAMPLES: education, healthcare, housing, liscences, marraieg laws, etc.
But the national government brings the collective power of the United Stets to......
Bear in national defense and in domestive affair, such as natural disasters
Who is incharge of state emergency
Governor of state
How does the government need to help in case of a state emergency
- president ask what the governor needs for the issue
- FEMA (federal emergency management agency)
- state agencies
When can the president use federal forces
The president can'tuse federal forces in the US except for emergency/ invasion (he has to order them in and call them out)
Enumerated powers
Powers contained specifically in Article I, Section 8. Also expressed powers (congress)
Example of enumerated powers
Raise army and navy, coin money, make roads, etc.
Where are enumerated powers found in the constitution
Article I, Section 8
Expressed powers
Powers that are listed in black and white in the constitution. Enumerated powers can be expressed powers but not all expressed powers can be enumerated
Implied powers
Not expressley stated but are reasonably suggested by the enumerated powers
Inherent powers
Powers that belong to the national government because it is the government of a sovereign state in the world community (powers historicalluy possesed by the states)
Reserved powers
Those powers that the constitution does not grant to the national government
Judicial power
Powers given to the supreme court and other federal courts
Where are expressed powers found in the constitution
Article I Section 8, Article II Section 2, and throughout the rest of the constitution
Where are implied powers found in the constitution
Clause 18 of article I, Section 8
Where are inherent powers found in the constitution
Not contained anywhere specifically they are just impliedmaning it can be found through out the constitution
Where are reserved powers found in the constitution
Expressed in the 10th amendment
Where are judicial powers found in the constitution
Expressed in Article III
Example of expressed powers
(Of president) act as a commander in cheif of armed forces
Make treaties
Example of implied powers
National bank
Congress making Air Force
Example of inherent powers
Regulate immigration
Protect the nation against rebellion
Example of reserved powers
States can forbid anyone under the age of 21 to buy liquor
Can make marriage of 18 illegal without adult supervision
Example of judicial powers
Power to interpret the constitution
Punishment of treason
Several expressed powers are ___
In the amendments
Which amendment gives congress the power to levy an import tax
16th
The 16th amendment gives congreess the power to _____
levy an import tax
All sovereign nations have these powers
Inherent powers
What is unique about our constutition to those of other countries concerning power?
Our constitution assumes the givernment has no power to start or do anything unless these are given to them unlike other countries constitution that states they have all powers except
Some powers are denied to the national government bacause of ____ and ____
The silence of the constitution and/ or the federal system itself
What are some powers that are denied to the national government because of the silence of the constitution
- power to create a public school system for the nation
- power to enact uniform marriage and divorce laws
- power to set up units of local government
What are some powers that are denied to the national government because of the federal government itself
The constitution does not intend that the national government should have any power to take action that would threaten that system (may not tax the states out of business)
What are some powers of the states
- states can forbid persons under 18 to marry without parental consent
- states can forbid people under 21 to buy liquor
- states can ban the sale of pornography
- states can require doctors, lawyers, hairdressers, plumbers to be liscenced
- states can establish public schools and enact land use laws
- the 21st amendment section 2, gives the states an almost complete power to regulate that manufacture, sale, and consumption of alcoholic drinks
What are powers expressley denied to the states
- no state can enter into any treaty, alliance, or confederation
- no state can print of coin money
- no state can deprive any person of life, liberty, property without due process
What power is inherently denied to the states and why?
- no state can tax any agency or function of the federal government BECAUSE of the existence of the federal government
Most of the powers the constitution delegates to the national government are _____
Exclusive powers
Concerning exclusive powers, some are ___ and some are ___
- some are expressley denied to the states (coin money, make treaties)
- some are exclusive powers of the federal government (interstate commerce)
Some powers delegated to the government are ______
Concurrent powers
Concurrent powers
- those powers that both the national government and the state governments possess and exercise (ex: power to tax)
- exercised seperatley and simultenaously by the federal and state governments
What are the three national obligations to the states
1. Republican form of government
2. Protection from invasion and internal disaster
3. Respect for territorial integrity
One of three national obligations to the states: republican form of government
The national government must garuntee to the states a republican form of government (a representative)
One of three national obligations to the states: protection from invasion and internal disorder
Ex: insurrection, civil disorder, natural disaster
- must fullfill responsibilities to protect states
One of three national obligations to the states: respect for teritorial integrity
- the federal government must recognize the legal existence and the physical boundaries of each state (can't chop off part of a state and give it to another)
- no state can be deprived of its equal representation in the senate
Only _____ has the power to admikt new states to the union- but a new state may not be created by taking territory from one or more existing states without the consent of the legislature of the state(s) involved
Congress
Only congress has the power to admikt new states to the union- but a new state may not be created by.....
by taking territory from one or more existing states without the consent of the legislature of the state(s) involved
What are the three "steps" in admitting new states to the union?
1. The area desiring admission to the united states first asks congress for admission
2. If congress chooses, it passes and "enabling act" that directs the people of the territory to frame a proposed state constitution; this must be approved by the people of the states in convention and it must be a result of a popular vote in the proposed state
3. Congress then passes an "Act of Admission". This act is an act of creating the new state. When the president signs it, the new state enters the union
What is an act of admission
an act of creating the new state. When the president signs it, the new state enters the union
What is an infrastructure?
Those facilities that enable life to continue, buinesses to develop, and people to flourish. This includes major highways, airports, damns, water cleaning facilities... ***You do NOT want these in the hands of private companies
What are the coonditions for admission of a new state (examples and dates)
-1896: Utah was admitted on condition that its state constitution outlaw polygamy
- 1864: Nevada was required to include a statement in its constitution that specifically outlaws slavery
Inherently denied powers of the states
No state can tax any agency or function of the federal government
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