federalism test Flashcards
(44 cards)
checks and balances:
Congress on executive
-override presidential veto (2/3 of both houses)
-impeach the president
-refuse to pass a bill the president wants
-confirm presidential nominees (Senate only)
-ratify a treaty (Senate only)
checks and balances:
Congress on judicial
-alter number of judges on the court
-change the jurisdiction of lower courts and appellate jursidicition of the supreme court
-propose a constitutional amendment to override court decisions
-pass legislation to limit the impact of a court ruling
-confirm judicial nominees (Senate only)
-Impeach federal judges
checks and balances:
executive on congress
veto legislation
checks and balances:
executive on judicial
-nominate federal judges
-ignore a supreme court ruling
checks and balances:
judicial on congress
declare federal laws unconstitutional
checks and balances:
judicial on executive
declare executive orders/presidential actions unconstitutional
why is federalism so important?
it decentralizes our politics and policies
advantages of federalism
-multiple access points offer more opportunities for political participation
-states make policy specific to individual needs
-states make policy in a absence of national consensus
-states can be laboratories of democracy
-the federal government can establish uniform policy when necessary
disadvantages of federalism
-tougher for the national government to make unified policies
-at times state rights may be used to perpetuate discrimination
example of laboratory of democracy for states
marijuana being allowed in other states (legal) where other states have it illegal
McCulloch v Maryland
supremacy clause, necessary and proper clause
-states cannot tax federal government
-expanded federal power
-chief justice John marshall
Gibbons v Ogden
commerce clause
-interstate commerce for Congress control
-intrastate commerce for state control
-expanded federal power
U.S. v Lopez
Lopez was arrested for carrying firearm in school
-does not deal with second amendment
-congress argues it’s bad because of the effect on children learning and commerce future
-court sided with Lopez, they didn’t see that commerce had a connection with the firearm
-limited federal power
Commerce clause
national government controls trade/commerce
powers of the national government (3 types)
delegated powers (17 grants)
-expressed/explicit
-implied
-inherent
expressed/explicit
those directly written in the constitution
implied
those powers that can be assumed or suggested from the explicit powers
inherent
those powers that belong to the national government because it’s the national government
What can the National government NOT do
-tax articles imported from one state to another
-violate the bill of rights
-change state boundaries
What can the State government NOT do
-tax imports or exports
-coin money
-enter into treaties
-impair obligations or contracts
-abridge the privileges or immunities of citizens or deny due process of law
What can neither the state and national government do
grant titles of nobility
permit slavery
deny citizens the right to vote because of race, gender, color, religion
what can the National government DO
coin money
conduct foreign relations
regulate commerce with foreign
provide an army
declare war
establish post offices
establish federal courts
makes laws
what can the State government DO
establish local government
regulate commerce with states
conduct elections
ratify amendments
take health measures
marriage laws
education laws
what can both state and national government DO
tax
borrow money
establish courts
make and enforce laws
charter banks and corporations
spend money for general welfare
take private property with just compensation
