Ch.3: Federalism Flashcards
A system in which the national government shares power with lower levels of government
Federalism
one dominated by the central or national government, in which lower levels of government have little independent power.
unitary system
The Constitution grants two types of powers to the U.S. Congress:
Expressed and Implied
are found at the end of Section 8, which grants Congress the right “to make all Laws which shall be necessary and proper” (known as the necessary and proper clause) to execute its expressed powers.
Implied powers
this means that when there is a conflict between federal and state law, federal law prevails. Supreme Law of the Land
Supreme Clause
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Reserved powers, or powers that are not specifically delegated to the national government or denied to the states, are derived from the Tenth Amendment.
The Anti-Federalists, who feared a strong national government, pressed hardest for ratification of the XXXX
Tenth Amendment
A given state has the ability to develop and enforce criminal codes, administer health and safety rules, and regulate marriage and divorce laws.
States also regulate individual livelihoods (through licenses to practice medicine, law, and various other professions), and define and enforce laws concerning private property.
Police power
The states and the federal government also share certain powers.
In some areas, states share concurrent powers with the national government whereby they retain and share some power to regulate commerce and affect currency (e.g., by being able to charter banks, grant or deny licenses to engage in a business or practice a trade, regulate the conditions of labor, and levy taxes).
Concurrent power
Requires that states give “full faith and credit” to each other’s “public acts, records, and judicial proceedings.”
Put another way, states are normally expected to honor the public acts and judicial decisions that take place in another state.
However, if a practice in one state is against the “strong public policy” of another state, then the state against the practice is not obligated to recognize it.
Full faith and credit
This has come to mean that a state cannot discriminate against someone from another state or give special privileges to its own residents
Privilege and immunities
are agreements between states to deal with issues that cross state lines, such as environmental concerns and transportation systems.
Interstate Compact
a guarantee of noninterference in various areas of local affairs.
home rule
a constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others.
Dual Federalism
states performed the majority of governing over citizens’ day-to-day lives. List 3 responsibilities
Economic regulation and property law
Civil law (marriage, divorce, adoption)
Criminal law
The Supreme Court ruled that the U.S. Congress had, through its implied powers, the legal right to charter a national bank.
McCulloch v. Maryland (1819)