III - Federalism Flashcards
federalism
A way of organizing a nation so that two or more levels of gov’t have formal authority over the same area & people
Why did Framers select federalism for the new nation?
Strong loyalty to individual states
US was vast & population spread out over large area
Unitary system
Power is in the hands of fed gov’t
Confederation
almost all power is with the states & federal gov’t is weak
Countries with unitary system
China
Saudi Arabia
Spain
Intergovernmental relations
Interaction & dealing between federal, state, and local gov’‘t
In a federal system the central & state gov’t
Oftentimes share power
Expressed powers
Powers granted to national gov’t by Constitution
Implied Powers
Powers not specifically stated, but justified by “necessary and proper” clause
Concurrent powers
Powers that national & state gov’t share
Reserved powers
Powers kept for states (10th Amendment)
10th Amendment
States kept all powers not explicitly forbidden by Constitution
Reserved powers examples
Regulate intrastate commerce
Organize local gov’‘t
Responsible for state & federal elections
Ratify Constitutional Amendments
Enumerated Powers examples
Declare war Enter into treaties Coin money Tax interstate trade Grant titles of nobility
Amendments have expanded
Power of the federal gov’t
13th- prohibit slavery
14th - deny equal protection of law
15th- 19th - deny vote because of race or gender
Fed gov’t duty to states
Can’t divide states
Must protect states from invasion
Concurrent powers examples
Levy taxes
Maintain law & order
Establishing courts
Legislate
Supremacy clause is located in
Article VI, Clause II
Supremacy clause states
Federal laws supersede state laws
There has been a tug of war over
whether state or federal gov’t should govern or legislate on different issues
Examples of tug of war
Civil War raised question of state vs federal authority
Fight for racial equality -> Little Rock Nine
Immigration
Marijuana
Enumerated powers is listed in
Article I, Section VIII
Implied powers are derived from
Elastic clause
Elastic clause
Allows Congress to make laws that are “necessary and proper” to carry out its enumerated powers
Elastic clause in action
Hamilton & Congress created the BUS
McCulloch v Maryland
SCOTUS ruled the creation of the national bank was constitutional
Impact of McCulloch v Maryland
Congress has implied powers necessary to implement its enumerated powers
supremacy of Constitution
Federal laws over state law
Loose Construction
Broad interpretation of Constitution
Commerce Clause
Constitution gives Congress the power to regulate commerce
Gibbons v Ogden
Ruled Congress could control interstate commerce
Huge debate about proper role of gov’t regulation of money
Gilded Age -> limited regulation/ increased calls for economic regulation
Progressive Era -> Laws against monopolies, child labor, city services, environment, etc.
New Deal: expansion of regulatory power
Late 1980’s: restriction of congressional regulatory power
US v Lopez (1995)
Ruled Congress cannot use commerce to make possession of gun in a school zone a federal crime