Chapter Two: Federalism Flashcards
Federalism
central feature of American government - division and sharing of powers between national government and the states
Unitary political system
concentrates all policymaking powers in one central geographical place (China, Britain, France)
Confederal political system
spreads the power among many sub-units (states) with weak central government (U.S. under articles)
Federal political system
compromise between unitary and confederal - divides power between the central government and sub-units (United States, Canada) major building block for preserving freedoms and maintaining order
Delegated powers
specifically granted to federal government by the Constitution (war powers, tax and spend, commerce)
The War Power
federal government is responsible for protecting the nation from foreign attacks and declaring war if necessary - maintaining army, navy, air force and mobilizing industry and scientific to back military efforts
Power to Regulate interstate and foreign commerce
Congress must regulate commerce between U.S. and other nations and between states (most of everything nowadays)
Power to tax and spend
Congress appropriates money and how it will be spent - can withhold funds if a program doesn’t meet federal guidelines
Concurrent powers
all powers not granted in Constitution are reserved for the states e.g. establishing and maintaining separate court systems
Reserved powers
reserved powers are those held by the states alone - not listed, but guaranteed by 10th amendment
Prohibited powers
powers denied to national government, state governments, or both e.g. federal government and state government can’t tax exports, only state government can’t tax imports or make treaties with or declare war on foreign nation
Necessary and Proper Clause
Congress has the power to make laws that are “necessary and proper for carrying into execution the foregoing powers.”
McCulloch v. Maryland
states can’t tax federal bank because of supremacy clause and power to tax and spend
Nullification controversy
Madison and Jefferson defined states rights point of view as the right to declare federal government action unconstitutional - nullification. John C. Calhoun pushed for this in Civil War but after Union won, nullification was determined to not be a power of the states
Commerce Clause and Gibbons v. Ogden
State of New York gave Ogden a monopoly over steamboat company of Hudson River - went between New York and New Jersey - Gibbons got license from United States and Ogden sued Gibbons.