Chapter 3 Flashcards
federalism
A system that divides power between the national and state government.
unitary system
a system where the central government has all of the power over subnational governments.
confederal system
a system where the
subnational governments
have most of the power.
What is an example of a confederal system?
The Articles of Confederation
commerce clause
grants Congress the authority to regulate interstate business and commercial activity.
What court case does the commerce clause apply to and why was it unconstitutional in this context?
-Lopez, it was unconstitutional because it was deemed that gun possession had nothing to do with commerce, and was a state right.
Why was Congress’ violation of the commerce clause in the US vs Lopez so concerning?
states were worried that if the commerce clause could be applied, then everything could be applied to the commerce clause, which reduces state power
necessary and proper
clause
Grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause.
What court case does the necessary and proper clause apply to and why?
-Mcculoch vs Maryland, because it was deemed that since the constitution didn’t restrict it to have a national bank, it was implied, and therefore necessary to uphold its expressed powers, because it does upend the constitution.
supremacy clause
Establishes the Constitution and the laws of the federal government passed under its authority as the highest laws of the land.
What court case does the supremacy clause apply to and why?
-Mcculoch vs maryland, because it was deemed that Maryland didn’t have a right to tax a national bank because the federal government was supreme.
Tenth Amendment
Reserves powers not delegated to the national government to the states and the people; the basis of federalism.
-reserved powers
reserved powers
Powers not given to the national government, which are retained by the states and the people.
concurrent powers
Powers granted to both states and the federal government in the Constitution.
What is an example of a concurrent power?
taxation, judiciary
What is an example of a reserved power?
-education and gun policy
full faith and credit clause
Constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.
extradition
The requirement that officials in one state return
a defendant to another state where a crime was
committed.