Chapter 3: Federalism Flashcards
(39 cards)
U.S. choose from the following 3 forms of governement
Unitary, confederation, and federalism
Unitary Government
Central Government has power over all its political subdivisions
Ex. Great Britain
Confederation
2 or more independent states join together fro common goal of defense or trade. Each maintain sovereignty
Ex. E.U or U.S. during civil war
Federalism
Political power divided between a national government and its subdivisions
Ex. U.S., Germany, Canada
Why federalism is a good choice for the U.S.
- Ratification would have been impossible without saying the states rights
- Sheer geographic size of U.S. would make it impractical to locate all power in a single place
- Federalism brings gov closer to people
- Citizens have access to gov at all levels
- Allows unity on most important issues while allowing states rule on other issues
- States act as labs for new programs and policies
Arguments against Federalism
- May give state too much power to the opinion which it destroys national unity
- Danger in the expansion of national government at the expense of the state
- Layers of gov can mean confusion and delay helping the people ( Hurricane Katrina)
- Too many elections
- Conflicts over authority between states and federal gov.
Enumerated/Delegated Powers
The spelled out federal power in the constitution
Necessary and proper Clause
Gives congress power to pass laws so t can carry out enumerated powers
- lead to implied powers
Supremacy clause
Federal Government above all other levels of government
State powers
Reserved power being to the state because they’re not given nor denied in writing
-10th Amendment
Concurrent powers
Powers shared by both the state and federal gov.
Ex. Collect taxes, build roads, create lower courts
Ex post facto
Can’t be penalized for an act that was done when it was legal and is now illegal
Article IV
Addresses the issue of relationships between states
Full Faith and Credit Clause
States are required to recognize the laws and legal documents of other states
- drivers licenses, marriage licenses
Privileges and Immunities Clause
States can’t discriminate against people from other states
- no residents can travel freely, buy and sell property
Extradition
States may return fugitives o a state from which they fled to avoid prosecution
National Power- expressed, implied, inherent
- Regulate foreign and interstate commerce
- coin money
- provide army
- declare war
- establish federal courts
- regulate immigration
National and State Powers- Concurrent
- Levy Taxes
- Borrow Money
- spend for general welfare
- establish courts
- enact and enforce laws
- Charter banks
State Powers- Reserved
- regulate interstate commerce
- establish local governments
- establish public school systems
- administer elections
- regulate corporation
- protect public, health, welfare, and morals
Marshall Era
Court led by John Marshalls
1800-1835
McCullough vs Maryland
Marshall Era
- banking case that’s used to justify lots of federal action towards state
- state bank wanted to tax federal bank, Marshall said no because of supremacy clause
Gibbons vs. Ogden
Marshall Era
- Supreme Court ruled that Congress had the power to regulate interstate commerce
- NY wanted to monopolize a trade route
Dual Federalism
Layer Cake- belief that separate and equally powerful levels of government
1850- 1930
- clear separation of government
-leans towards national supremacy
Dred Scott
Dual Federalism Era
- spaces taken to free states are still slaves
- strengthened state’s rights ad invalidated a federal law
