Federalism quiz Flashcards
Define federalism
state and national governments have shared and divided powers
Commerce Clause
authorizes CONGRESS “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” The commerce clause has been the chief doctrinal source of Congress’s regulatory power over the economy.
Supremacy Clause
establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions
Tenth Amendment
the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
Summarize, in your own words, James Madison’s defense of federalism in Federalist 45
- the expanded powers of the central government under the proposed U.S. Constitution would not endanger the state governments.
-The union is necessary to the people’s happiness
-the balance of power between the states and the national government will support the greatest happiness for the people.
What is the background (the facts) of the case? (McCulloch v. Maryland)
the State of Maryland approved legislation to impose taxes on the Second National Bank chartered by Congress
What was the Court’s decision in the case?
The bank was said to be constitutional because the intention of the constitution to make a strong central government was met and it said that states couldnt interfere with federal governments power.
How did this decision impact the balance of power between federal and state governments?
established and reaffirmed the fact that the United States has a strong central government and that federal law has authority over state law
US v. Lopez (1995): how has it changed over time?
Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones
Murphy v. NCAA (2018) how has it changed over time?
PASPA violated anti commandeering doctrine by prohibiting states from authorizing private sports gambling
Relationship between the Navajo Nation and the US Government:
treated as a nation inside the US with their own government and laws
before the civil war what was the us and navajos relationship like?
their homeland?
after the civil war what was the us and navajos relationship like?
The navajo were kicked out of their homelands by the US government
Cherokee Nation v. Georgia (1831)
The Supreme Court ruled that Indians weren’t independent nations but dependent domestic nations which could be regulated by the federal government
Ex Parte Crow Dog
a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land.
