Federalism (Unit 5, Lesson 1) Flashcards
Federalism
This means power is shared between the national and state governments. Both types of government are supreme within their proper area of authority. Both have to agree to any changes to the Constitution.
Article 6 of the Constitution, the Supremacy Clause
Declares the laws of the national government to be “the supreme law of the land” which the states must obey.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people.
Implied Powers
The Constitution gives implied powers to the national government to make laws that are “necessary and proper” for carrying out its enumerated powers.
These are powers that are NOT specifically given in the Constitution, but are understood to be necessary or allowed.
Judicial Review
Judicial review is the power to strike down as unconstitutional acts of the national legislature and executive, as well as state actions.
Limitations on State Power
They must follow the Constitution and laws made by the federal government. They cannot pass laws that conflict with federal laws.
They do not have as much financial power as the federal government, and must rely on it for money. This means the federal government can get states to do what it wants by offering grants (money).
Enumerated/Delegated Powers
Delegated powers are those powers specifically assigned to the national government. The Founding Fathers feared a national government that would overstep its bounds, so they took care to only allow the national government very specific powers.
Reserved Powers
All powers not specifically delegated the national government are to be reserved or saved for the state governments.
Concurrent Powers
Concurrent powers are those that both the national and state governments have together.
Elastic Clause / Necessary and Proper Clause
The elastic clause or necessary and proper clause allows these by stating that Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”.
Examples of delegated powers
Regulate interstate and international trade Coin money Declare war Maintain armed forces Establish postal system Enforce copyrights Sign treaties
Examples of concurrent powers
Power to tax
Maintain courts
Borrow money
Examples of reserved powers
Regulate intrastate trade Establish schools Establish local governments Pass statewide laws Run elections
Popular sovereignty
The People are the legitimate and final source of government authority.
Consent of the governed
The People are the legitimate and final source of government authority.