Chapter 3; Federalism: Forging a Nation Flashcards
Sovereignty
Supreme and final governing authority
Unitary system
Sovereignty is vested solely in the national govt
Confederacy
Type of govt that existed under the AOC, the states alone are sovereign
Concurrent powers
- Lend and borrow money
- Taxation
- Law enforcement
- charter banks
- transportation
State powers
- Education
- Public safety
Registration and voting
Supremacy clause
National law would prevail above law of the states
Necessary and proper clause or elastic clause
Gives Congress the power to make all laws that are necessary and proper for carrying into execution the enumerated powers.
Implied powers
Powers that the national govt has, not listed in the Constitution but that are related to the exercise of listed powers.
Reserved Powers
10th amendment or the state’s powers
Nationalization
Gradual shift in power from the states to the national govt
Intrastate commerce
Reserved for regulation by the states
Interstate commerce
The national govt is empowered to regulate
The Nationalist View: McCulloh v. Maryland
Marshall court ruled in favor of the national authority by implied powers
Gibbons v. Ogden (1824)
Court asserted that Congress’s commerce power was not limited to trade between the states, but to all aspects of that trade, including transportation of goods
The States’ Rights View: The Dred Scott Decision
The Supreme Court ruled that enslaved people were not citizens and could never become citizens, and therefore had no right to have their case head in federal court.