Ch 3 Federalism Flashcards
Federalism
power sharing arrangement btwn national and local govs
Unitary Government
who has the power? how does the power flow?
Unitary Central Gov’t (national gov has all power)
power flows from central to satellites; can be granted or withdrawn
Confederal Gov’t (used in Articles of Confederation)
who has the power? how does the power flow?
(states granted power to central)
Power flows from satellites to each other and to central; can be granted or withdrawn
Federal Gov’t
who has the power? how does the power flow?
(similar to unitary) (diff bc satellite power flow back & forth)
Power flows to & from as stipulated by constitution
Federalism: 4 basic tenets (markets what gov. is)
1) National (central) gov. law supreme (Article 6 of Const.)
2) National gov. biggest/most $$ (biggest economy,bigger than states)
3) National gov. can act direct w/ citizens(HOR=national directed ppl elected by the ppl)
4) States can’t opt-out (like Civil War)
Federalism: separation of powers
what are the 3 different types of power?
enumerated
implied
concurrent
Federalism: separation of powers
Enumerated, def?
powers that are NUMBERED for Congress in the Constitution
Federalism: separation of powers
Implied, def?
not listed powers in constitution, flow from powers that are listed to them (implied powers)
ex: Congress has power to raise army->implied that they can draft
Federalism: separation of powers
Concurrent, def?
powers shared by highest level (national) & lowest (states & countries)
Establishing federal supremacy Article 6 (centripetal)
(supremacy clause)
draws from outside in toward center (toward D.C. in fed. gov.)
Establishing federal supremacy 10th Amendment (centrifugal)
power forces things outward (power not given to federal automatically goes to states)
why is there limited gov. by the constitution?
bc they only list what CAN be done & it is governed by the ppl
-written set of rules must follow & ppl get to approve of them
McCulloch v. Maryland
McCulloch wanted back in Maryland, but Maryland did not want big federal bank bc it would be hard for their local bankers to do business. But had to allow back so they said bank had to give tax to them. Supreme Ct. said no bc state would have power over federal & that’s confederacy (which we already said no to via AOC)
-debate of federal supremacy=not all that clear
John Calhoun: Nullification
states have choice of obeying federal laws according to their own discretion
recreation of confederacy
(resulted in Civil War)
National Powers (federal) (6)
Coin money Conduct foreign affairs Regulate commerce: interstate/international (important when nation expanded) Army/Navy Declare war