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Federalism is the system of government which |
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national and state governments shared governments given to them by the constitution |
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Delegated/expressed/enumerated powers |
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belong to the national government |
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Belong to the states (not in Constitution) |
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- Print Money - Regulate interstate/national trade - Making treaties and conducting Foregn policy - Declaring war |
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- Power to issue licenses - Regulation of intrastate commerce - Responsibility to run and pay for federal Elections |
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- Collecting taxes, build roads, operate courts of law, and borrow money |
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Full Faith and Credit Clause |
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requires states to honor one another's licenses, marriages, and acts of state courts |
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Privileges and Immunities Clause |
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States may not refuse police protection or access to its courts to U.S. citizens who live in a different state |
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Expanded federal power in terms of commercial activities (Control over radio signals, telephone messages, and financial transactions) |
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Conflicts between federal law and state law must be resolved in favor of federal law |
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Advantages of Federalism 1 |
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-Allows for Mass participation by constituents through voting - Keeps the government close to the people |
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Advantages of Federalism 2 |
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- Promotes Diverse policies that encourage experimentation and creative ideas - Allows for government at many levels (federal, state, and local) |
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Advantages of Federalism 3 |
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- States retain some power/rights and have choices about public policy issues |
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Disadvantages of Federalism 1 |
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-Can lead to duplication -Promotes inequality because states differ in resources they can devote to providing services -Enables local intrests to delay or even thwart majority support for a policy |
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Disadvantages of Federalism 2 |
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-Creates confusion because different levels of government may not be consistent - Can result in corruption and stalemate since government is spread out amoung many groups |
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Factions, framers knew what about them? |
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Neither of them (poor majority, wealthy few) could be trusted |
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What was the solution to the non-trust of factions? |
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they made three branches of government, (L, E, J,) |
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Could an individual serve in more than one branch of the government at once? |
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Checks and Balances - President nominates what 3 groups? |
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Federal judges, cabinet officials, and ambassadors (President nominates, senate must approve) |
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Checks and Balances - Negotiation of |
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Treaties, (president nominates, Senate approves) |
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Congress passes law president can veto congress can override courts can overturn laws |
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What is the only way judges can overturn laws? |
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on unconstitutional grounds |
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What is a Proposed Amendment? |
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A change (addition) to the constitution (used 27 times) that illustrates the the Federal structure of American Gov't |
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An ammendment must be introduced in |
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an amendment must be approved |
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an amendment must be ratified by |
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States are allowed to determine |
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amount of votes to ratify |
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The Bill of Rights was originally written by |
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The supreme court has put |
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limitations on these rights |
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First Amendment says what 3 things? |
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Freedom of religion, speech&press, and freedom of assembly and petition |
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Second Amendment protects |
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a citizens right to bear arms |
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quartering of soldiers and direct public support of Armed forces |
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Protects against unreasonable search and seizure |
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any evidence gathered unnlawfuly must be exluded from the judicial process |
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Fifth amendment gives the greatest protection against what? |
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against federal government |
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5th Amendment Guarantees a |
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grand jury for suspects accused of capital crimes |
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5th Amendment protects against |
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5th Amendment establishes |
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eminent domain ( the government can seize private property it gives "just compensation" |
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Sixth Amendment allows for what 5 things? |
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-Impartial Jury -Speedy trial -Right to be informed of charges (habeas corpus) -Right to conflict and subpoena witnesses -Right to a lawyer |
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Seventh Amendment allows for |
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Trial by jury in lawsuits over $20 |
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Eighth Amendment prohibits |
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excessive bail and cruel and unusual punishment (central constitutional issue is the death penalty) |
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Ninth Amendment protects rights that are |
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not specifically mentioned in the constitution |
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Tenth Amendment claims states have |
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"reserved powers" over areas not delegated by the constitution ( these cant contradict Constitution) |
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10th Amendment often conflicts with |
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Necessary and Proper clause |
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10th Amendment - states rightists interpret it as |
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greatly restricting the powers of the national Government |
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States' rightists define federalism as |
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a relationship in which states retain most of the political power |
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Nationalists believe the federal government is |
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supreme in all matters and ultimately in control |
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Federal programs implemented by both |
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state and local governments by means of federal funding |
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gifts of money to the public |
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Categorial grants - Nationalists like them because they have |
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strict restrictions (head start, medicaid, food stamp programs) |
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Block Grants - states' rightists like them because they have |
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no restrictions and allow for experimentation |
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State governments must have a state constitution that has been |
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Nebraska has the only unicameral |
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State governments have who to interpret laws? |
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The Governor leads the executive branch of the |
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state and has duties similar to the presidents duties to the nation |
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governors can reject parts of bills |
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presidents can lineitemveto because |
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the supreme court ruled it would take away power from legislature |
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