Federalism Flashcards
What are delegated powers?
Delegated powers are those powers specifically given to the national government.
Examples include the power to “fix the Standard of Weights and Measures,” “establish Post Offices and Post Roads,” and “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Define:
implied powers
Implied powers are those powers reasonably inferred from the delegated powers listed in the Constitution and stem from the General Welfare and Necessary and Proper clauses.
As an example, the power to charter a National Bank was held to be a legitimate implied power in McCulloch v. Maryland (1819).
What is meant by the term “inherent powers” as used to describe the powers of the presidency?
Inherent powers refer to powers that can be inferred from the president’s position as the head of a sovereign nation, such as the power to declare neutrality or enter into executive agreements.
Powers that belong to both the state and federal governments are known as _____ _____.
concurrent powers
In several areas, state and federal governments have overlapping powers, which either can use. For instance, both the state and federal governments may tax their citizens.
What term describes powers that the federal government cannot exercise, such as passing ex post facto laws or bills of attainder?
prohibited powers
These powers are known as prohibited powers and are specifically denied to the federal government by the Constitution.
What does the 10th Amendment provide?
The 10th Amendment refers to the powers reserved to the states. Under the 10th Amendment, the states can engage in activities such as establishing schools, regulating intrastate commerce, and establishing licensing requirements for various professions, such as dentistry or law.
What constitutional article governs interstate relations?
Interstate relations are governed by Article IV, which requires states to:
- recognize legal documents from other states (full faith and credit)
- not discriminate against out-of-state citizens (privileges and immunities)
- extradite individuals accused of criminal violations (extradition)
Pursuant to Article IV of the Constitution, states can enter into interstate compacts. What are interstate compacts?
Interstate compacts are agreements between states to resolve common problems or issues. As an example, seven states signed the Colorado River Compact, which governs water rights to the Colorado River.
According to the Constitution, the federal government guarantees to the states that they will have what type of government?
A Republican Form of Government
The Constitution requires the federal government to guarantee that the states have a “Republican form of government.”
Define:
federalism
Federalism is a form of government in which power is divided between a central political authority and its constituent political units.
The United States follows federalism, because power resides jointly in the federal government and in the government of the several states.
What are some of the advantages of the federalist form of government established by the Constitution?
Federalism has numerous advantages:
- states serve as laboratories for democracy, experimenting with solutions that affect both national and state government
- avoids concentration of political power in one entity
- states serve as training grounds for future national leaders
- states are closer to the people and theoretically better able to respond to local concerns
What disadvantages are inherent in federalism as established in the Constitution?
Federalism does have some disadvantages, including:
- many offices and agencies can be duplicative
- conflicts of authority may arise between local and national governments
- national, state, and local governments may be overly complex
What constitutional provision places the federal government atop the state governments when applicable?
The Supremacy Clause
Found in Article IV, the Supremacy Clause establishes the preeminence of the federal government over state governements.
The clause reads “This Constitution, and the Laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land.”
Which Supreme Court case established Congress’ implied powers?
McCulloch v. Maryland (1819)
In McCulloch, the state of Maryland attempted to tax a federally established bank. The Court held that it was within the federal government’s implied powers to create a bank, that the power to tax was the power to destroy, and that a state could not destroy a federal institution.
How did the case of Gibbons v. Ogden (1824) establish federal government authority over the regulation of interstate commerce?
In Gibbons v. Ogden, both New York and the Congress had granted charters to ferry boat companies operating between New York and New Jersey. The Supreme Court held that Congress had the exclusive power to regulate interstate commerce, nullifying the charter granted by New York state.
