US Consitution And Federalism (US 1)

Question 1

What is the purpose of the Us constitution (1789)

Answer 1

To limit government powers, outline the framework of government, protect individual rights and establish principles of federalism

Question 2

What is federalism

Answer 2

A system of government in which power is divided between a central authority and individual states, giving each one specific powers over certain areas of policy

Question 3

What is the commerce clause and where is it found?

Answer 3

-Article 1, section 8
-gives congress the power to regulate trade with foreign nations, between states and with Native American tribes

Question 4

What is the Necessary and proper (elastic) clause and where is it found?

Answer 4

-article 1 section 8
-allows congress to make laws which the Supreme Court deem to be “necessary and proper”-i.e. to execute its enumerated powers

Question 5

What is the supremacy clause and where is it found

Answer 5

-article vi
-establishes that the constitution, federal law and treaties are the “supreme law of the land”, taking precedent over state law

Question 6

What are enumaerated powers

Answer 6

Powers explicitly granted to Congress in the constitution (e.g. coining money, regulating commerce and collecting tax)

Question 7

What are implied powers

Answer 7

Powers not explicitly written in the constitution, but inferred from enumerated powers and deemed as necessary for congress to function

Question 8

What are reserved powers and where are they granted

Answer 8

-in the 10th amendment
-powers reserved to the states, free from congressional intervention

Question 9

What are concurrent powers

Answer 9

-powers shared by both the states and the federal government (e.g. tax, law enforcement and infrastructure building)

Question 10

What is the principle of the separation of powers

Answer 10

The strict division fo governing branches (executive, legislative and judiciary)
Unlike the UK, in which the legislative and executive branch are fused, the US constitution clearly defines that all three branches be separated to provide effective checks and balances

Question 11

What are checks and balances

Answer 11

A system in which each branch of government as a “check”on another, by limiting its power and preventing excessive exercise of power

Question 12

What is judicial review and when was it established

Answer 12

A principle giving the judiciary power to strike down unconstitutional federal law or executive action
-granted in Marbury v. Madison (1803)

Question 13

How does the 10th amendment support federalism?

Answer 13

It reserved all powers not given in the constitution to the federal government to the states or the people (in that order)

Question 14

How can a new amendment be proposed

Answer 14

Either 2/3 supermajority in both houses or a constitutional convention called by 2/3 states (never been done, only ever used to create the constitution)

Question 15

How can a new amendment be ratified

Answer 15

Support from either 3/4 state legislatures or 3/4 state conventions

Question 16

What is the full faith and credit clause and where is it found

Answer 16

-article iv
-requires states to recognise the public acts, judicial proceedings and records/policies of other states, meaning states cannot argue with the court rulings of other states and the like (attempts to prevent conflict between states)

Question 17

What is the significance of the 14th amendment to federalism

Answer 17

It expanded federal power by enshrining state protection in the bill of rights through due process and equal protection clauses, requiring the states to practice equal protection of individual rights under the guidance of a federal law

Question 18

What is the significance of the 14th amendment to federalism

Answer 18

It expanded federal power by enshrining state protection in the bill of rights through due process and equal protection clauses, requiring the states to practice equal protection of individual rights under the guidance of a federal law

Question 19

Role of SC in federalism

Answer 19

Since they interpret the constitution, they have significant power to balance state and federal power, meaning the boundaries of such have changed over the years depending on how the constitution is interpreted

Question 20

Evidence showing how difficult it is to amend the constitution

Answer 20

Since 1787, there have only been 27 amendments, with the first 10 forming the bill of rights (1791)
There have been over 12k attempts

Question 21

What were the 2 plans from state representation in the constitution? What was the final solution?

Answer 21

Virginia plan (states with larger populations wanted representation by population)
New Jersey plan (states with smaller populations wanted equal representation per state)

Final plan= Conneticut compromise (enforced bicameral is, in which the lower House of Representatives is by population and the upper senate is equal (2) per stat)

Question 22

What does McCulloh v. Maryland (1819) tell us about power of the federal government granted in the constitution

Answer 22

Supreme Court ruled that the creation of a national bank was “necessary and proper” for the federal government to be able to collect taxes
This shows that the elastic clause has been interpreted in a way which facilitates the exercising of enumerated federal powers, allowing for effective governance and constitutional upholding

Question 23

What does Printz v. United States (1997) tell us about constitutional vagueness

Answer 23

SC strike down part of the “Brady bill” requiring local law enforcement officials in each state to implement the bill’s mandatory background check requirements because it infringes upon reserved powers of the states over law and order.
This shows constitutional vagueness because although the bill was intended to regulated commerce, a power granted to Washington under the commerce clause, the 10th amendment gives states considerable power to regulate their own law and order (even though this is not explicitly defined in the constitution)

Question 24

What does US v. Lopez (1995) tell us about the boundaries between federal and state power

Answer 24

SC strike down the Gun-Free school zones act as unconstitutional because gun possession is not an economic activity and thus not protected under the commerce clause, thus reinforcing state sovereignty as enumerated by the 10th amendment

Question 25

Examples of failures to pass an amendment

Answer 25

-Equal rights amendment ( protection of rights on the grounds of sex), never reached the required number of states for ratification (33/38)

-District of columbia amendment (would allow congressional representation to the District of Columbia) did not meet required states for ratification and would be a bad idea anyway if the district was to intended to come under US law as they’d be voting on laws that didnt affect them

Question 26

How does the proposal of a 28th amendment show difficulty of amendment

Answer 26

In 2023, governor of California Gavin Newson proposed that a 28th amendment enshrining gun safety measures be ratified which would raise the federal age of buying a gun to 21, ban assault weapons and mandate universal background checks
Because newson wants to do this by state convention (which has never been done) and only his state is in support, it is very unlikely to ever pass, as he needs support from 33 states and gun control regulation doesn’t really cross party lines)

Question 27

Example of electoral college being undemocratic

Answer 27

In 2016, Trump had 46% of the popular support and Clinton had 48% ( on track to win), but because f how the electoral college voted Trump won instead

Question 28

Examples of bipartisan support in Congress

Answer 28

-2013 Violence against women reauthorisation act (all female senators voted in favour of this bill and worked to get support from other senators)
-2022 safer communities act (wanted to impose regulations to stop threatening people from buying firearms, supported by republican senator John Cornyn and democrat senator Chris Murphy)

Question 29

Example of failing checks and balances on the executive

Answer 29

In 2016, Obamas Supreme Court nomination (Merrick Garland) was refused by the senate judicial committee (in a republican senate at the time) because it was too close to the end of his term. Instead Trumps nomination (Neil Gorusch) is elected instead once trump comes into power

Shows that in times of divided government, checks and balances may be used to frustrate the executive politically rather than for purposes of upholding democracy

The 2019 government shutdown, due to lack of agreement with Trump on appropriations, also shows that checks can hinder other congressional actions

Question 30

Examples of checks the legislative can perform on the executive

Answer 30

-override presidential veto with a supermajority in both houses (overridden 2010 JASTA and 2021 defence authorisation act)
-impeach (Trump)
-“power of the purse” only congress can control money (see inflation reduction act 2022)
-confirm appointments (Merrick Garland)

Question 31

Examples of checks the executive can perform on the legislative

Answer 31

-veto bills
-recommending legislation

Question 32

Examples of checks the executive can perform on the judiciary

Answer 32

-appointing judges
-granting reprieves or pardons

Question 33

Examples of checks the judiciary can perform on the executive

Answer 33

-may rule that presidential action is unconstitutional
-life tenure

Question 34

Examples of checks the judiciary can perform on the legislative

Answer 34

-declare laws as unconstitutional

Question 35

Examples of checks the legilsative can perform on the judiciary

Answer 35

-refuse appointments
-create lower courts
-propose amendments to override court rulings

Question 36

What did the pacific employers insurance vs industrial accident (1939) ruling do

Answer 36

Said states don’t need to substitute conflicting laws from other states for their own

Question 37

What does Nebraska and Oklahoma v. Colorado (2016) tell us about horizontal federalism

Answer 37

The Supreme Court refused to hear Neb and Oks case stating that legalisation of weed in Col negatively impacted them as people were smuggling it over the border. However since col had done nothing wrong, this shows the upholding of the full faith and credit clause as well as 1939 pacific employers

Question 38

Features of dual federalism

Answer 38

-AKA layer cake federalism
-keeps state and national government powers completely separate
-nullification (states have the right to invalidate federal laws that they deem unconstitutional)
-Dred Scott vs Sandford (1857)=federal government has no power to regulate slavery in federal territories acquired after the ratification of the constitution
-13th=abolishes slavery in all states
-14th=gives citizenship to everyone born or naturalised in US (gave federal gov more power by extending bill of rights protections to states)
-15th=extends the franchise

Question 39

Features of cooperative federalism

Answer 39

-AKA marble cake federalism
-weaker distinctions between federal and state power (greater overlap)
-16th amendment=federal gov can levy taxes directly on citizens
-grants in aid (fed gives states money for certain projects)
-matching grants (states get more funding if they contribute to a project more themselves)
-categorical grants (grants with strings attached i.e. states must meet certain rules and regulations to get the money)
-judiciary declared many federal policies as unconstitutional (Roosevelt threatened to court pack out of frustration)

Question 40

Features of coercive federalism

Answer 40

-Johnsons Medicaid program accounts for 65% federal aid
-unfunded mandates (federal policies that required state governments to spend money that was not given to them e.g. 1963 Clean air act)
-liberal Supreme Court
-desegregation of education under Brown vs board of Education (1954) and state discontent e.g. Arkansas sending the national guard to block black students from entering Little Rock high school and Eisenhower having to send troops to protect them
-Cooper vs Aaron (1958) rejects nullification

Question 41

Features of new federalism

Answer 41

-revenue sharing (large sums of money to local governments with few conditions)
-block grants (grants for a particular purpose with few strings attached)
-US v Lopez (1995) shows Supreme Court striking down commerce clause use for the first time since 1937, showing more power to the states

Question 42

Examples of the constitution being bad for democracy

Answer 42

-2010 affordable care act following obamas 2008 mandate to implement healthcare reforms which were initially rejected by congress
-in 2014 republican senators set a proposal to repeal ACA which Obama vetoed
-Dobbs vs Jackson (2022) overturning constitutional right to abortion shows SC as an unelected body making decisions for citizens which should be made by democratically elected representative
_Shelby vs Counter Holder (2013) allows states more control over voting regulations, meaning some states implement voter id laws which disproportionately impact ethnic minorities
-a of 2024, 58% of citizens favour stricter gun laws, but Newsons attempt to set up constitutional convention for them was only agreed to by his own state of California (difficulty of amendment)

Question 43

What do varying state laws on alcohol tell us about federalism

Answer 43

In Texas there are restrictions for purchase on Sundays whereas in California there isn’t, showing that freedom the legislate in ways which are culturally appropriate for each state without fear on another state striking down said law respects cultural differences in the states

Question 44

What does Shelby vs County Holder (2013) tell us about federalism

Answer 44

The SC ruled that control over elections was a reserved power, allowing some states to introduce voter id laws which disproportionately impacted ethnic minorities, meaning the upholding of federalism may hinder individual rights which should be constitutionally protected

Question 45

What does Dobbs vs Jackson (2022) tell us about federalism

Answer 45

The Supreme Court overturned Roe vs Wade (1973) and declared abortion a reserved power, allowing some states to ban or restrict it meaning women have disproportionate access to reproductive healthcare. However, Biden has issued executive orders allowing women to travel to another state to get an abortion, meaning the states are not totally without consequence

Question 46

What does Obamas 2009 “race to the top” tell us about federalism

Answer 46

This programme offered $4.3 billion for education funding as long as states fulfilled 20 educational goals set by federal government. This is reminiscent of a categorical grant, indicating that power still heavily lies with the federal government to be able to influence state funding and policy