Federalism Flashcards
1
Q
Federalism
A
Legal relationship and distribution of power between national and regional governments within a federal system of government
2
Q
Power of Federal Government
A
Only has power given by Constitution
Limited, enumerated powers
No general police power (to regulate for health, safety, or general welfare)
Supremacy Clause
3
Q
Power of State Government
A
Has all power unless taken away by Constitution
Broad, residual authority
10th Amendment
4
Q
Value of Federalism
A
- Liberty of Individual Choice
- Experimental Laboratories
- Thwarting Tyranny
- Controlling Negative Externalities
- Fidelity to the Constitution’s Design
- Practical Value of Uniformity
5
Q
Necessary and Proper Clause
A
Requirements:
- A legitimate end
- Within the scope of the Constitution
- Appropriate means to that end (plainly adapted to that end)
- That is not prohibited by Constitution AND
- Within the letter and spirit of the Constitution