Chapter 3 Flashcards
(8 cards)
What did the Anti-Federalist have to fear from the government the Constitution called for?
Anti-Federalists feared that a stronger central government would squash liberty and civic responsibility. Indeed, as they’d feared, the federal government is larger than ever, influencing a lot under what should be state affairs.
What is federalism?
Once you have a good idea of what it is, fill in the blank: Federalism ______ quite a lot of ______ over how much power the _____ __________ should have over what’s normally ______-______ issues.
- Political system where government power is shared between federal and local authorities
- “defines, debates, federal government, state-affair”
What power do local governments have, despite popular opinion?
But the decision to follow or fund those standards is a combination of state/subnational/local efforts. It’s really an exercise of sovereignty.
What does the elastic clause of the Constitution have to do with the broadening of federal powers? Furthermore, how have the Courts helped state power make a comeback?
The elastic language of the Constitution encourages broad interpretation for larger federal powers. The Courts’ interest in the 10th Amendment may increase state power over issues.
Complete the blank (Necessary & Proper Clause): [The Congress shall have Power . . . ] To ____ all _____ which shall be _______ ___ _______ for carrying into _________ the ________ Powers, and all other Powers vested by this __________ in the Government of the United States, or in any __________ or Officer thereof.
[The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Fill in the blank (10th Amendment): The ______ not _______ to the _______ ________ by the _________, nor _________ by it to the States, are _______ to the States respectively, or to the _______.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
How is the SC case McCulloch vs. Maryland an example of emerging federalism debates?
It at least established that the government had the power to manage economic affairs. (see no. 77)
How has the Supreme Court changed in its handling of federalism?
The SC has gradually cut away Congress’ control over economic affairs since the New Deal, as well as over other state issues (United States v. Lopez, United States v. Morrison). However, the SC is happy to expand federal gov powers over things like marriage or immigration (Obergfell v. Hodges, Arizona v. United States).
