Chapter- 4 The American Federal System And Uts Significance To Understanding Texas Government Flashcards
Authoritarian systems
Do not embrace the political value of limited government and in such systems one person (usually a dictator) or a group of authoritarian agents hold all power to make, enforce, and interpret law.
Federal systems
Government that divides government powers between a central or, national government and regional or state government’s
Federalism
(The division of power among the levels of government) and separation of powers (The separation of power among the branches of government)
Unitary systems
Government in which the central government holds all power and any powers held by regional governments are those specifically granted to them by the central government
Confederal systems
Contain an extremely limited central government, and the vast amount of government powers are retained by regional or state governments.
Articles of confederation
Created a confederal system. Ratified in 1788 and instituted in 1789, the nations new constitution – the longest continuously surviving national constitution in the world – specifically addresses the problems the United States faced under the articles of confederation by setting forth in article 1, section 8, specific enumerated powers
Enumerated powers
Held by Congress including the power to coin and regulate the value of money, declare war, Lay and collect taxes, and regulate trade among the states
10th amendment
Ratified in 1791, sought to ensure that “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 doctrine
The 10th amendment requires interpretation of the amendments phrase “powers not delegated to the United States.“
Implied powers
Holds that the powers of the national government extend beyond the powers of specifically enumerated in article 1, section 8
National federalism
Holds that the national government is primary in the division of powers, and that the nation is constituted of individuals who come together as individuals (rather than citizens of the state) To produce the nation.
Compact federalism
Holds that the state and local governments are primary in the division of powers, and that the nation is constituted of communities (States) that enter into a constitutional compact in order to maximize their common objectives such as a security against external threats
Necessary and proper clause
“Elastic clause”. Of article 1, section 8, with the supremacy clause of article 6 to interpret the doctrine of implied powers
Commerce clause
Contained an article 1, section 8, the commerce clause reads in relevant part that Congress has the power “to regulate commerce with foreign nations, and among the several states.“
McCulloch v. Maryland
Briefly stated, the Supreme Court held in McCulloch that although the power to create a national bank was not explicitly enumerated in the Constitution, the document did provide Congress the enumerated power to do all things “necessary and proper“ to fulfill the enumerated powers. And since Congress has the enumerated power to coin money and regulate the value of money, it was necessary and proper for Congress to establish a national bank.
Supremacy clause
Of the United States Constitution establishes that the Constitution, federal laws made pursuant to it, treaties made under its authority, constitute the supreme law of the land
Patrick Henry
From Virginia, who almost single-handedly carried the opposition argument for the first week of the Philadelphia convention, used forensic skill in common manner to rally the anti-federalist against consolidation. Henry’s emphasis on the practical reasons for rejecting the new constitution – to prevent consolidation and the destruction of the states – was accompanied by the theoretical arguments for rejecting the document.
Luther Martin
Of Maryland emerged at the convention as the chief spokesperson for the anti-federalist constitutional theory. Martin argued that “the people of the continent” were not in a “state of nature” as the proposed Constitution assumed; rather, they had escaped the state of nature by entering into a constitutional compact that had given birth to the respective state governments.
Gibbons v. Ogden (1824)
Held that the power of Congress to regulate interstate commerce included the power to regulate navigation
NLRB v. Jones & Laughlin Steel (1937)
Was one of the first cases to uphold an act of the new deal by ruling that Congress has the power to regulate interstate activities that have a substantial impact on interstate commerce
Heart of Atlanta motel v. US (1964)
Upheld the civil rights act of 1964 by holding that Congress has the power under the commerce clause to regulate “individual moral behavior“ with respect to racial discrimination in public accommodations given the substantial detrimental impact it has on interstate commerce.
US v. Lopez (1995)
Chief justice William Rehnquist (Reagan appointee), and Thomas (a bush appointee) declared the federal gun free school zones act of 1990 unconstitutional on grounds that regulating guns in school zones had no substantial impact on interstate commerce.
