Chapter 3: Federalism: Forging A Nation Flashcards
What citizens do Americans posses? (What two areas are they citizens of?)
Dual citizenship - citizen of the U.S. and the state where they reside
What type of political system does America use where the constitutional authority of the country is divided between the national government and state governments?
The federal system
Where does each government in a federal system derive its powers from?
Therefore, what kind of authority do they have over policy responsibilities?
Derives its powers directly from the people…
Therefore, has sovereignty (final authority)
What relationship was the most controversial issue when the constitution was written and still is?
The relationship between states and the nation
What must the power of government be equal to?
What was needed due to the United States original system (the articles of confederation - to weak to accomplish goals like strong defense and an integrated economy)?
The powers of government must be equal to its responsibilities…
The constitution was needed because the articles of confederation was to weak
What was federalism - the Constitution’s division of governing authority between two levels, nation and state - the result of?
What did federalism act as in 1787 due to the prior exstence of states?
Federalism was the result of political bargaining…
Federalism acted as a compromise, NOT a theoretical principle
True or False:
Federalism is a fixed principle for allocating power between the national and state governments.
If False, what kind of principle is it?
False - was a principle that changed over time due to political needs and partisan ideology, and has evolved through different stages throughout American history.
What kind of authority does contemporary federalism tilt towards?
What main goal does it reflect in american society?
Contemporary federalism tilts towards national authority…
Reflecting increasing interdependence
What was the solution to the fact that by order of the Articles of Confederation, the states had authority over citizens, and therefore ignored directives from the articles of confederation?
In order for states to not hold complete authority over citizens, the federal government had to be given direct authority over people.
What did North Carolina and Georgia withhold from the National Treasury from 1781 to 1786. Could the Federal government had stopped them?
North Carolina and Georgia didn’t contribute money to the national treasury…
The federal government couldn’t stop them because it didn’t have the ability to force them to pay because it couldn’t regulated economic activities, tax, or conscript citizens
True or False?
The writers and delegates of the Constitution wanted to abolish the states.
False - states had their own constitutions and many identified as their state
What two specific reasons led the framers to invent an entirely new government system?
- Preserving the states
2. The need for national government to have direct authority over its people
What is sovereignty?
Was Sovereignty apparent before the Constitution was drafted?
- The supreme (ultimate) authority to govern within a certain geographic area
- No, it was invisible
When - by definition - can a government not be sovereign?
How did Federalism divide sovereignty?
- When it can be overruled by another government
2. Between the national government and the states
What is federalism?
Governmental system where authority is divided between the national and regional sovereign levels of government.
Can the national government abolish the state, and vise versa?
WHY?
No, one can’t abolish the other…
Because each level is constitutionally protected, and each level has certain authorities where it is not subject to the other’s approval
What is a Unitary system?
Did other nations use this system in 1787?
A governmental systemin which the national government alone has sovereign (ultimate) authority…
Yes
What type of government in the United states follows a unitary system?
American’s local governments - not sovereign, and instead derives its authority from its respective state governments, which in some cases can abolish a local unit of government.
Do local or regional governments have sovereignty in a unitary system?
If not, how far does their authority stretch and what government grants it?
No
Authority exists only to the degree granted by the national government
What level of government in a unitary system has sovereignty?
The national government
True or False?
In federal systems, the national legislature has 2 chambers - one apportioned by population ( U.S. House of Representatives) and the other by geographic are ( U.S. Senate)
Do all states in the U.S Senate - a pure federal institution which enables this - have the same number of senators
Yes
In Germany and Canada, how are states represented in the legislative chamber in terms of the number of state representatives?
Represented based on geography, NOT population, which makes them unequally represented
Federal systems have a two-chamber legislature, whereas some unitary systems have only one chamber. Why the difference?
Because in a unitary system, there isn’t a need for a second legislative chamber that is based on geographic states, like there is in the federal system.
What type of government existed under the Articles of Confederation where the states alone were sovereign - they decide authority of the central government?
Confederacy - rare in hyman history
What ancient city states and Medieval leagues were confederacies?
Ancient Greek city-states and Medieval Europe’s Hanseatic League
Why was the Confederate States of America - the South’s Civil War government - a federalistic institution instead of a confederate one?
Because sovereignty was divided between the central and state governments, not solely with the state governments
What five powers were held specifically with the national government in the federal system established in 1787 that dealt with the national scope?
- National defense
- Currency
- Post office
- Foreign affairs
- Interstate commerce
What five powers were held specifically with the state government in the federal system established in 1787 that dealt with local issues?
- Charter local governments
- Education
- Public safety
- Registration and voting
- Intrastate commerce
What five powers were shared between the state and national government in the federal system established in 1787?
- Lending and borrowing money
- Taxation
- Law enforcement
- Charter banks
- Transportation
What controls did the national government lack due to the Articles of confederation that the Federalism arguement of 1787 was trying to fix?
What impacts did it have?
National government didn’t have the power to tax or regulate commerce among the states….
Which led to the national government lacking the financial means to maintain a strong army to prevent European powers over them or protect marchant ships from harassment from foreign entities
Which led to the national government being unable to promote the general economy or prevent trade wars between states
What two states imposed taxes on goods shipped into their state from other states?
New Jersey and New York
Which two federalists challenged the Anti-federalists with the Federalist Papers that claimed the federal system would protect the liberty of people and moderate the power of government?
James Madison and Alexander Hamilton
True or False?
John Locke and Montesquieu proposed division of powers between national and local authorities to protect liberty?
What argument did the framers present in favor of federalism
False - the framers argued that federalism was a part of the system of check and balances
Who wrote the Federalist No. 28 that said the american people shift loyalties between national and state government to keep each under control?
Alexander Hamilton
What argument did Anti-federalists present to disuade giving the states’ power to the nation?
Who idea did they refer to that claimed small republic was more likely to serve people’s interest because they were more in touch to the people?
That distant national government couldn’t serve and protect the people’s interests to the degree that state government could…
French Theorist Montesquieu
What did Federalist No. 10 - written by James Madison - argue against Anti-federalist view that state government could serve people’s interests better?
What was the specific problem with dominant factions in state government?
He argued that size doesn’t determine the ability to serve the people’s needs, and instead that the range of interests that share political power does…
Madison said that state governments could have dominant factions that were strong enough to control the government, and that a large government was less likely to have those dominant factions - making it more difficult for a group to grasp control - forcing groups to share power
True or False?
James Madison argued for central authority?
If not, what did he argue for? Why?
False - argued for limited government because power would be more widely shared
Authority not granted to national government is left to the __________.
States
The U.S. Constitution addresses the lawful authority of the national government, which is provided through ______________ ___ __________ ________.
Enumerated and implied powers
The states have ____________ powers.
reserved
What are enumerated powers?
17 powers granted to national government including taxation and regulation of commerce, and the authority to provide for the national defense.
Where are the enumerated powers found?
In Article 1, Section 8 of the Constitution
How did the enumerated powers establish stong government where defenses were secure and stable in the economy?
Congress could regulate commerce among states, create national currency, and borrow money - all of which foundationalized a stong economy, as well as tax and establishing an army or navy helped establish a strong defense
True or False?
Constitution prohibits states from action that encroach on national powers.
True
What does Article 1, Section 10 of the Constitution prohibit states from doing?
Prohibits states from making treaties with other nations, raising armies, waging war, printing money, entering into commercial agreements with other states with the approval of Congress
When the lawful exercise of national authority would conflict with laws of the state, whose law would prevail?
Which article grants this dominance?
National law
Article VI of the Constitution in the supremacy clause
What is the Supremacy Clause?
What quote can help you remember this?
Article VI of the Constitution which states that national law is supreme over state law when national government is acting within constitutional limits
“The laws of the United States . . . Shall be the supreme law of the land”
What was the weakness of the articles of confederation with regards to responding to change?
What article addressed this concern in the new government? What was the clause called?
That because the national government couldn’t exercise powers not expressly granted to it, it couldn’t meet the country’s changing needs, especially after the revolutionary war…
Article I on the constitution - the “Necessary and Proper” clause - later the Elastic Clause
What did the necessary and proper clause grant Congress for implimenting enumerated powers?
In Article I, Section 8 of the constitution to make all laws necessary and proper for implementation of enumerated powers, a gave the national government implied powers
What are implied powers?
The federal governments constitutional authority through the necessary and proper clause to take action not expressly authorized by the constitution but supports actions that are so authorized, and related to the exercise of listed powers.