Chapter 3 Flashcards
Federalism
division of power across local, state, and national governments
Sovereign Power
supreme power of an independent state to regulate its internal affairs without foreign interference
Police Powers
Power to enforce laws and provide for the public safety
Concurrent Powers
responsibilities for particular policy areas, like transportation, that are shared by federal, state, and local governments
National Government powers examples
Print money
Regulate interstate commerce and international trad
Make treaties and conduct foreign policy
Declare war
Provide an army and navy
Establish post offices
Make laws necessary and proper to carry out these powers
State Government powers examples
Issue licenses
Regulate intrastate businesses
Conduct elections
Establish local governments
Ratify amendments of the Constitution
Promote public health and safety
May exert powers that the Constitution does not delegate to the national government or does not prohibit the states from using
Concurrent powers examples
Collect taxes
Build roads
Borrow money
Establish courts
Make and enforce laws
Charter banks and corporations
Spend money for general welfare; take private property for public purposes with just compensation
McCulloch v Maryland
Maryland couldn’t tax the 2nd Bank of the United States but Congress could create it under the necessary and proper and supremacy clauses
Gibbons v Ogden (1824)
Said NY interfered with interstate commerce by granting a monopoly to a steamboat company
States’ rights
the idea that states are entitled to a certain amount of self-government, free of federal government intervention; central issue in the period leading up to the Civil War
South states wanted broader states right on
civil liberties, tariffs, slavery
Calhoun’s nullification
states right to ignore a law passed by Congress if the state thought it was unconstitutional
Dual federalism
form of federalism favored by Taney where national and state governments were seen as distinct entities providing separate services
Limits national government powers to ones strictly enumerated in the constitution
“layer cake”
“dual citizenship”
an individual’s rights as a U.S. citizen under the Bill of Rights didn’t apply to the same person under state law
Barron v Baltimore
ruled that the 5th Amendment only applied to Congress and not to state and local government
core principle of dual federalism