Ch 3 Federalism Lecture

These flashcards cover key definitions, constitutional clauses, state vs. national powers, and pivotal Supreme Court cases discussed in the federalism lecture. Use them to test your understanding of how power is divided, how it shifts through judicial interpretation, and how real-world examples illustrate constitutional principles.

What is federalism in the U.S. context?

A constitutional system that divides governmental power between a national (federal) government and state governments.

Which two primary levels of government share sovereignty in the United States?

The federal (national) government and the 50 state governments.

How does a unitary system allocate power?

All authority rests with the national government, which may delegate (and retract) powers to lower-level governments.

Give two modern examples of countries with largely unitary systems.

France and the Netherlands (also Denmark, Japan, etc.).

What is a confederation?

A system in which states hold most power and the central government is weak, exercising only powers the member states grant.

Name one present-day example that most closely resembles a confederation.

Switzerland (also sometimes cited: Bosnia-Herzegovina or the United Nations).

What is a federation?

A system in which a constitution divides authority between national and state governments, each sovereign in its sphere.

Where in the Constitution are Congress’s enumerated powers listed?

Article I, Section 8.

Where are powers forbidden to the states listed?

Article I, Section 10.

Why did the original constitutional design leave states with more power than the federal government?

Section 8 lists what the federal government MAY do, while Section 10 lists only what states may NOT do—leaving residual powers to the states.

List four key powers reserved exclusively to the national government.

Defense & foreign affairs, currency, postal service, regulation of interstate/foreign commerce.

What are "police powers" of the states?

Authority to make laws protecting health, safety, morals, and general welfare (e.g., traffic, public health, zoning).

Give one classic example of a concurrent power.

Taxation (both federal and state governments levy taxes).

Define interstate commerce.

Commercial activity that crosses state lines or involves more than one state.

Define intrastate commerce.

Commercial activity occurring entirely within one state.

In which constitutional clause is Congress empowered to "regulate Commerce … among the several States"?

The Commerce Clause (Article I, Section 8, Clause 3).

Where is the Supremacy Clause found?

Article VI, Clause 2.

State the core principle of the Supremacy Clause.

Valid federal law or the U.S. Constitution prevails over conflicting state law or state constitutions.

What makes a federal statute "valid" under the Supremacy Clause?

It must be enacted pursuant to an enumerated constitutional power (i.e., within Congress’s authority).

What is dual federalism?

A philosophy favoring clear, separate spheres of state and national authority and stronger state power.

What is cooperative federalism?

A philosophy advocating overlapping functions and broad national power to solve problems.

How do dual vs. cooperative federalists interpret the Commerce Clause?

Dual: narrowly (fewer activities count as commerce). Cooperative: broadly (more activities fall under federal control).

Which institution ultimately decides what counts as "commerce" under the Constitution?

The U.S. Supreme Court.

What did Gibbons v. Ogden (1824) establish about commerce?

Commerce includes all business activity—including services and transportation—so Congress could regulate interstate ferry traffic.

How did Hammer v. Dagenhart (1918) treat child-labor regulation?

Struck down Congress’s ban on goods made with child labor, ruling manufacturing was not commerce—narrow interpretation.

What reversal occurred in United States v. Darby (1941)?

The Court overruled Hammer, holding Congress could regulate goods produced with child labor under the Commerce Clause.

What "substantial effects" test did Wickard v. Filburn (1942) announce?

Even purely local activity may be regulated if, in aggregate, it exerts a substantial economic effect on interstate commerce.

How did Heart of Atlanta Motel v. United States (1964) uphold the Civil Rights Act?

Advertising to interstate travelers made the motel part of interstate commerce; Congress could forbid racial discrimination there.

Why did Katzenbach v. McClung (1964) apply federal civil-rights law to a local Birmingham restaurant?

Because the restaurant’s food supplies (meat) moved in interstate commerce, bringing it under federal authority.

Which case (1969) found that ingredients in concession-stand products linked an Arkansas amusement venue to interstate commerce?

Daniel v. Paul (Lake Nixon Club).

What did United States v. Lopez (1995) decide about gun-free school zones?

Congress lacked Commerce-Clause authority to ban mere possession of guns near schools—first major limit since 1930s.

How did NFIB v. Sebelius (Affordable Care Act, 2012) treat the Commerce Clause?

The Court said forcing individuals to buy insurance exceeded Commerce power; the mandate survived only as a tax.

Why does Wyoming’s half-million residents enjoy disproportionate Senate power compared to DeKalb County’s 760,000?

Each state, regardless of population, gets two U.S. Senators while counties get none—illustrating Senate malapportionment.

What is today’s population ratio between California (largest state) and Wyoming (smallest)?

About 69 to 1—yet both have equal Senate representation.

Define "malapportionment" in the context of the U.S. Senate.

The unequal representation caused when states with widely different populations receive the same number of senators.

Give three common examples of state police-power regulations.

Speed limits, public-health mandates (e.g., vaccinations), and zoning or vice laws (e.g., liquor sales hours).

How is Georgia’s General Assembly structured?

It’s bicameral: 180-member House and 56-member Senate, both elected to two-year terms; it meets 40 legislative days per year.

What fiscal limitation does Georgia’s Constitution impose on its legislature?

A yearly balanced-budget requirement—state spending may not exceed expected revenues.

How does Georgia’s "plural executive" differ from the federal "unitary executive"?

Statewide officers (governor, lieutenant governor, AG, etc.) are elected independently rather than appointed by the governor.

How is the Georgia Constitution amended?

Majority vote in both legislative chambers followed by majority approval of voters in a statewide referendum.

What relationship exists between U.S. states and their counties/cities under American federalism?

Unitary: state governments create, combine, or abolish local governments and dictate their powers.

Which 1970 federal statute classifies marijuana as illegal under federal law?

The Controlled Substances Act (CSA).

What did Gonzales v. Raich (2005) say about medical marijuana and the Commerce Clause?

Congress may ban even home-grown, intrastate medical marijuana because, in aggregate, it affects the interstate drug market.

What is a "public accommodation" under Title II of the Civil Rights Act of 1964?

Any facility open to the public—e.g., hotels, restaurants, theaters, gas stations—that cannot discriminate by race.

Why has Senate malapportionment grown since 1790?

State populations have diverged dramatically (e.g., CA vs. WY), while each state still receives two senators.

What is the main constitutional power Congress used to justify broad civil-rights protections in private businesses?

Its authority to regulate interstate commerce.

What does "substantial economic effect" mean for Commerce-Clause analysis?

Local actions may be federally regulated if, when aggregated nationally, they meaningfully impact interstate markets.