Federalism

Question 1

What is Federalism?

Answer 1

-System of government with checks and balances and grants the states individual power

Question 2

McCulloch v. Maryland

Answer 2

• Suit over MD taxing the Second national bank
• Whether the Fed. Govt. has the authority to create a national bank
• Then, whether MD has the authority to tax that bank
• Court holds that Govt. can create the bank, but MD can’t tax because to tax is to destroy
• Necessary and Proper = Useful and Convenient

Question 3

U.S. Term Limits, Inc. v. Thorton

Answer 3

• Suit over the state’s ability to change term limits of senators and representatives
• Court holds the power to add qualifications is not within the “original powers” of the states, framers intended for the constitution to be the exclusive source of qualifications
• The 10th amendment can only reserve rights the states already had

Question 4

U.S. v. Comstock

Answer 4

• Suit over constitutionality of civil commitment statute
• Would require certain prisoners to also serve time in mental institution
• Court holds this is constitutional because of the “necessary and proper clause” through inter-state commerce
• Limitations (5) on considerations

Question 5

What is the Necessary and Proper Clause?

Answer 5

• A clause in the constitution which allows Congress to do what is necessary and proper to use its enumerated powers
• Useful and convenient

Question 6

What are the limits of the Necessary and Proper Clause?

Answer 6

• Breadth of the necessary and proper clause
• Long history of Fed. involvement
• Sound reason for statutes’ enactment in light of the Govt. interests in safeguarding public
• Statute’s accommodation of state interests
• Statute’s narrow scope