Expressed powers
Specific powers assigned to the federal govt by the Constitution
Examples: Declaring war, coining money, making treaties
Implied powers
Powers not explicitly stated in the Constitution but reasonably suggested by the Expressed powers
Examples: Coining money
Inherent powers
Powers belong to a federal government because it’s a sovereign state in the world community.
Examples: UN membership, war/military powers, treaties
Reserved powers
Powers the Constitution does not grant to the federal government nor deny to the states
Examples: education, voting rights, abortion, marriage
Concurrent powers
Powers shared by both the federal and state governments
Examples: infrastructure (state + fed roads), gun rights, law enforcement
Federalism
The system of government in which a constitution divides power between a federal government and a state government
United States v. Lopez
Gun laws are up to state governments, not federal governments; Congress stretched commerce power too far (limits govt)
Marbury v. Madison
Sets up Judicial Review - power to bring cases directly to the US Supreme Court so they can decide if it’s constitutional or not
McCulloch v. Maryland
[Article 1, implied powers clause issue] supremacy of the national government over state governments
Gibbons v. Ogden
[Article 1, Section 8 issue] Congress can regulate interstate commerce (aka all commercial activity)
Barron v. Baltimore
US Bill of Rights does not apply to the state governments, only federal
Dred Scott v. Sanford
Slaves are considered property and not a human being/citizen of the US
Fiscal Federalism
State administers federal policies to get $/Congress can say we will withhold funds if states don’t comply
Categorical Grants
Money for specific purposes (narrow defined) with strict rules/restrictions on spending
Project Grants
Funding for special projects in states or districts that submit a pro
Formula Grants
$ given to states based on a mathematical formula
Block Grants
Money given to states with a broad but defined area of public policy that they are expected to spend it on
Mandates
Federal government orders states to do things; majority of the time it is unfunded
Brutus 1
argues against the proposed U.S. Constitution; warns that a strong central government could threaten individual liberties and state sovereignty
Federalist 51
Each branch of government is framed so that its power checks the power of the other two branches; additionally, each branch of government is dependent on the people, who are the source of legitimate authority
Federalist 10
Dangers of factions; the problem can be stopped if there are so many factions that it is difficult for one to overtake the majority
Weaknesses of the Articles of Confederation
One vote per state; unamendable because all 13 are needed to change; 9 states needed to agree to make a law; no executive or judicial authority over taxes/military/commerce; gave too much power to the states
Federalists
Group that supported the ratification of the Constitution
Anti-Federalists
Groups that were against the ratification of the Constitution