Federalism Flashcards

1
Q

Federalism

A

Legal relationship and distribution of power between national and regional governments within a federal system of government

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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

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3
Q

Power of State Government

A

Has all power unless taken away by Constitution
Broad, residual authority
10th Amendment

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4
Q

Value of Federalism

A
  1. Liberty of Individual Choice
  2. Experimental Laboratories
  3. Thwarting Tyranny
  4. Controlling Negative Externalities
  5. Fidelity to the Constitution’s Design
  6. Practical Value of Uniformity
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5
Q

Necessary and Proper Clause

A

Requirements:

  1. A legitimate end
  2. Within the scope of the Constitution
  3. Appropriate means to that end (plainly adapted to that end)
  4. That is not prohibited by Constitution AND
  5. Within the letter and spirit of the Constitution
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