Federalism 1

Question 1

Federalism was conceived as a way to avoid

Answer 1

tyranny of central government

Question 2

What are the three structures of the Constitution that promote Federalism

Answer 2

states, specifically enumerated powers, structure of national governmetn

Question 3

States are not merely __

Answer 3

subordinate administrative districts

Question 4

Article 1,8 lists the ____

Answer 4

enumerated legislative powers of national government

Question 5

Article 1,10 ___

Answer 5

limits a number of state powers

Question 6

What is Supremacy Clause?

Answer 6

exercise of national power trumps exercise of state power (VI)

Question 7

What does Tenth Amendment confirm

Answer 7

reserved authority of states in all matters which the Consti does not grant power to national government

Question 8

What amendments grant additional power to national government

Answer 8

Reconstruction era

Question 9

What was the purpose of electoral college

Answer 9

state legislatures choose how electors are chosen

Question 10

The election of senators by legislatures was meant to ___

Answer 10

check the power of national government

Question 11

The 17th amendment reduced

Answer 11

senator incentives to protect their state governments

Question 12

The word “expressly” was dropped in 10th amendment which suggests __

Answer 12

there are powers not expressly delegated (implied or incidental powers)

Question 13

What was principle of incidental powers accepted at the founding?

Answer 13

grant of a power included powers that would be means necessary to carry out granted power

Question 14

What are two considerations for what incident could be fairly implied ?

Answer 14

proximity, size (really subordinate or such a significant power should expect stated explicitly)

Question 15

Jefferson answer to is power to incorporate a bank substantial enough that must be explicitly enumerated

Answer 15

rejected proposal to include it suggests framers considered it substantial

Question 16

Hamilton answer to is power to incorporate a bank substantial enough that must be explicitly enumerated

Answer 16

incorporation just means to an end so is incidental

Question 17

What are the two extremes of interpreting necessary and proper?

Answer 17

strictly necessary (if multiple ways, none are individually necessary) vs. whatever Congress thinks is necessary (but then why would “proper” be included)

Question 18

Jefferson interpretation of necessary

Answer 18

not equal to convient (incorporation power convenient at most)

Question 19

Hamilton interpretation of necessary

Answer 19

can have more flexible meaning than “absolutely necessary”

Question 20

McCulloch rejects idea that …

Answer 20

Const requires absolute necessity

Question 21

Hamilton on Bank Bill argued that it is _____ to erect corporations and incorporation is __

Answer 21

unquestionably incident to sovereign power, merely a means to an end

Question 22

Textualist counterargument to Jefferson

Answer 22

constructing necessary as absolutely necessary doesn’t fit the word’s plain meaning + comprehensiveness of clause supports liberal construction

Question 23

Functionalist counterargument to Jefferson

Answer 23

narrow construction would beget endless uncertainty

Question 24

Marbury holding

Answer 24

power to interpret Consti is Court’s alone, President and Congress can only interpret before binding Court decision

Question 25

Facts of McCulloch

Answer 25

Congress incorporated second bank of US, Maryland attempted to levy a tax on the MD branch

Question 26

McCulloch holding 1

Answer 26

Congress has incidental power to incorporate the Bank

Question 27

McCulloch holding 2

Answer 27

States have no power to impeded operations of constitutional laws enacted by Congress to execute powers vested in general government (MD law unconstitutional)

Question 28

McCulloch establishes that Const gives ___ not the means by which___

Answer 28

spheres of authority, Congress can achieve its goal

Question 29

McCulloch issue 1

Answer 29

scope of federal legislative power

Question 30

McCulloch issue 1, reasoning 1

Answer 30

precedential value of practice (issue of structure, not of liberty)

Question 31

Hamburger critique of McCulloch not as issue of liberty

Answer 31

freedom of self-govt in local/state governance and by expanding federal power you diminish that

Question 32

Hamburger critique of acquiesence argument in McCulloch

Answer 32

practice of President and Congress twice chartering a bank is relevant but not dispositive

Question 33

McCulloch issue 1, reasoning 2

Answer 33

Consti ratified by the people not the states so Supremacy Clause

Question 34

McCulloch issue 1, reasoning 3

Answer 34

Aim of Consti not comprehensive legal code, but basic charter that could expand so has incidental powers

Question 35

McCulloch issue 1, reasoning 4

Answer 35

Necessary and Proper doesn’t mean absolutely necessary, Congress can decided what is necessary as long as logical nexus between ends and means

Question 36

McCulloch says necessary and proper clause at end of list of enumerated powers because it is a ___

Answer 36

catch-all, means to carry out the preceding mechanisms (enlarge not diminish powers vested in govt)

Question 37

McCulloch says ____ suggests implied powers

Answer 37

omission of “expressly” in 10th amendment

Question 38

Issue 2 in McCulloch

Answer 38

Can state law interfere with operation of federal instrumentality

Question 39

Issue 2 McCulloch reasoning 1

Answer 39

federal govt supreme within its sphere of action (including any incidental powers)

Question 40

Issue 2 McCulloch reasoning 2

Answer 40

Indirect structural contradiction if not direct conflict (if MD power to tax federal body has power to destroy it which is incompatible with federal supremacy)