Federalism

Question 1

Purpose or Value of Federalism?

Answer 1

1) Liberty of Individual Choice (Local vs. National Rule)
2) Experimental Laboratories (State’s are free to try novel social / Economic experiments)
3) Thwarting Tyranny (Preserving state gov. authority prevents a Minority from national dominance through Federal Government)
4) Controlling Negative Externalities (Federal Government prevents states from imposing harmful laws on other states)
5) Fidelity to the Constitution’s Design (Fed Gov. power is limited and defined, rest is vested in the states)
6) Practical value of uniformity

Question 2

the exercise of federal power raises two questions:

Answer 2

(1) Is the objective of the challenged action within an enumerated power?
(2) Are the means chosen to achieve that objective constitutionally permissible?

Question 3

Necessary and Proper Clause : McCulloch v. Maryland

Answer 3

• The Necessary and Proper Clause gives congress the power to make “all laws which shall be necessary and proper for carrying out the constitution.
  1) Common usage of Necessary: Convenient, useful, essential
  2) inclusion among the powers given to congress (and not among the limitations)
  = Allows Congress Discretion.

Question 4

Necessary and Proper Clause: Rational-Relation Test:

Answer 4

Congress - seeking an objective that is:

• within Specifically enumerated powers, then Congress can use ANY MEANS that is:
  1) Rationally related to the objective Congress is trying to achieve; and
  2) is not specifically forbidden by the Constitution.
• Easy Bar to pass.

Question 5

Federal Legislative Powers

Answer 5

1) Regulate Interstate Commerce
2) Taxing and Spending
3) DC
4) Federal Property
5) Enforcement of Civil War Amendments

Question 6

Expansion of Congressional Power under the “Necessary and Proper Clause”: U.S. V. Comstock. `

Answer 6

Congressional Authority under the Necessary and Proper clause can be more than one step removed from an enumerated power. Here: Law enacted to keep prisoners in jail is REASONABLY RELATED to legitimate interest as federal custodian of federal prison system.

Question 7

Congressional Action

Answer 7

means which may be employed to carry the ENUMERATED powers into effect are not restricted, EXCEPT:

• must be appropriate
• plainly adapted to the end,
• and not prohibited by, but consistent with, the letter and spirit of the Constitution.