Federalism Flashcards
allows states to reject national policy, it allows disagreement about core values amongst the subunits
Federalism
History
Diffusion of power operates as a check on abuses of governmental power
Makes government more diverse and responsive to the people
Increases citizen involvement in democracy
Allows for innovation in “labs of democracy”
Reasons for Federalism
The federal government is _______ from taxation by any state.
immune
________ may use any “means that is rationally related to the implementation of a constitutionally enumerated power.”
Congress
The _________ __ _____ ______ allows Congress to use any “means that is rationally related to the implementation of a constitutionally enumerated power”
Necessary and Proper Clause
Congressional power under the Commerce Clause is broad, encompasses all of the _________ ________ between and among states.
commercial intercourse
the commerce must “_______ _____ ______ than one;” Congress may not regulate commerce which “does not extend to or affect other States”
concern more states
Is the federal statute a valid exercise of the commerce power
Does it concern commerce?
Commerce “among” the states?
Is Congress exceeding its power to “regulate”?
Commerce “among” the states means commerce that has a “______ ______” as opposed to an “indirect effect” on interstate commerce
direct effect
Congressional power “extends to those activities __________ which so affect interstate commerce . . . . Congress may choose the means . . . even though they involve control of intrastate activities.”
intrastate
Congress may _______ any conduct that “exerts a substantial economic effect on interstate commerce”
regulate