Flashcards in Federalism Quiz Deck (80)
Interstate and international powers belong to
What are the three types of delegated powers?
Expressed (listed) enumerated
Implied (Nexessary and Proper Clause), majority of power
(Only powers originally listed in original const), mostly in article 1 - powers of congress)
What are concurrent powers?
The broad powers govts need to be govts
Examples of concurrent powers : (9)
1. Make its own laws
2. Enforce its own laws
3. Interpret own laws
4. Define crimes and punishments
5. Build prisons
6. Build courts
7. Collect taxes
8. Spend money
9. Eminent domain (power to claim private property for public use (have to pay for market price))
Reserved powers are almost all - powers
Reserved powers include powers of -
Local government (town, city, county)
Reserved powers are vast majority of - powers esp - (list examples)
Govt, police powers , (morality, safety, health)
The act of making something appear greater than it actually warranted by facts , expansion of power
What cases involved the Supremacy Clause? What court?
Marbury v Madison
McCulloch v Maryland
What cases involved the Elastic Clause?
McCulloch v Maryland
What cases involved the Commerce Clause?
Gibbons v Ogden
Post Civil War Industrial Boom
Civil Rights Movement (Heart of Atlanta v US)
What cases involved Taxing and Spending Powers?
Great Depression/ New Deal
(Rise of Fiscal Federalism)
War Powers (Pres and Congress)
All major wars
(Esp Civil War)
Amendments 13, 14, 15
What did Marbury v Madison establish?
Hierarchy of law in US
Supremacy Clause strengthen power over national courts
National courts have power of judicial review over national law
What's the Hierarchy of Law in the US? (4)
2. The laws of Congress (if in agreement with the Const)
3. Treaties (which can only be made by national govt)
4. State laws
What happened in McCulloch v Maryland?
Congress created national bank. Done using implied powers as "necessary and proper" to carry out their taxing, spending, and borrowing powers after Maryland's govt passed substantial tax on bank. Ruling - states can't tax a federal agency. Supreme Court has power of judicial review over state laws
All powers convenient and useful to carry out an enumerated power and are not prohibited by the Constitution
The idea that if 3/4 of the states nullify a law it would become unconstitutional
Equal protection clause
Forces states to grant equal protection to all citizens (14 amend)
Due process clause
(Legal principle) state govt must grant all citizens due process of law , govt must follow est procedures before denying anyone rights , eventually used to cause states to follow most of rights in bill of rights
Congress powers of congress include:
Powers to regulate transportation, agriculture, labor relations, finance, and manufacturing
Today states are left with almost no exclusive commerce powers
Commerce powers include the power to regulate anything deemed to have a - on - (Heart of Atlanta Motel v US)
Direct and substantial impact, interstate commerce
Discrimination does affect interstate commerce
Wars increase national govt powers because
Only national govt has war powers
Spending powers are related to what type of federalism?
Fiscal or cooperative
10th amendment only allows states to regulate -
What is solely interstate commerce
Cooperation of state and federal govt in various programs to solve complex social problems (many of which are in state sphere of powers)
Providing grants to states
Fiscal federalism and cooperative federalism -