Lecture 7 Flashcards
(25 cards)
What is the main power of the judicial branch?
To interpret laws and judge whether they have been broken.
Why is the judicial branch called the “least dangerous branch”?
It has “neither force nor will, but merely judgment”—unlike the executive or legislature.
What is judicial review?
The power of the Supreme Court to declare legislative acts unconstitutional.
Which case established judicial review?
Marbury v. Madison (1803).
Is judicial review mentioned in the Constitution?
No, it was established by the Supreme Court.
What is federalism?
A political system where authority is divided between different levels of government.
What are enumerated powers?
Powers explicitly granted to the federal government by the Constitution.
What is the necessary and proper clause?
Allows Congress to pass laws needed to carry out its enumerated powers.
What is the supremacy clause?
Federal law overrides state law when the two conflict.
What are concurrent powers?
Powers shared by both federal and state governments.
What is dual federalism?
A system where state and federal governments operate in separate spheres (“layer cake”).
What is cooperative federalism?
A system where state and federal powers are intertwined (“marble cake”).
What are the alternatives to federalism?
Confederal (power in states) and unitary (power in central gov’t) systems.
Name a pro and a con of flexibility at the local level.
Pro: experimentation; Con: inefficiency or local prejudice.
How does federalism increase access to government?
Multiple levels of government provide more opportunities for help.
What is a downside of too many access points in federalism?
It can confuse citizens.
What is the “race to the bottom” in state competition?
States cutting benefits to attract businesses, possibly harming residents.
What did McCulloch v. Maryland (1819) establish?
Federal power to establish a bank under the necessary and proper clause.
What did Gibbons v. Ogden (1824) decide?
Federal power to regulate interstate commerce.
How did the Civil War affect federalism?
It proved states couldn’t secede and set moral limits on state actions.
What was the effect of the New Deal on federal power?
Expanded federal regulation, especially in business.
How did the Civil Rights era affect federalism?
The federal government acted to protect citizens from state abuses.
What is devolution in federalism today?
Transferring power and responsibilities from federal to state governments.
What are categorical grants?
Federal funds with specific requirements for state use.
