unit 3 fedralism

Federalism

The system of government that divides power betweent the federal and state government.

discrimination

Citizens of the U.S. get privileges and immunities in each state free from this:

Reserved powers

Regulating public schools, waste disposal, and establishing local governments.

Implied powers

Regulating nuclear energy, building a space program, and creating an air force.

extradition

When a criminal is returned to a state where they committed a crime by another state's governor.

Full faith and credit

Each state must recognize the laws of other states.

Levy taxes, coin money, create and army and navy

Expressed powers of the national government.

Article VI

The Supremacy clause.

Levying taxes, borrowing money, and establishing courts

Concurrent powers

Federalists and Anti-Federalists

Two political parties that developed from the fight over the Constitution.

states rights position

States are closer to their members and can solve their problems better.

Federal grants

The main way the Federal government gives money to states.

Bureaucracy

Created to oversee programs that were created by the federal government.

Separation of Powers

According to Montesquieu governments should have this so that one branch doesn't become more powerful than the other.

Supreme Court

Lawsuits between states are settled here.

Supremacy Clause

When a state creates a law that goes against the Constitution, this is used.

Elastic Clause

The necessary and proper clause contained in Article I of the Constitution. Powers the government needs in order to carry out the powers in the Constitution.

Elastic Clause

Implied powers come from this.

judicial review

Power of the Supreme Court of interpreting the Constitution.

Marbury v. Madison (1803)

Established judicial review

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.

Create an education system, rules for trash removal, marriage and divorce laws

Reserved powers

Nuclear energy, air force, NASA

Implied Powers

Issues that arise with federalism

1. Other states might have different laws, 2. contraband being brought from a legal state to an illegal one, 3. transportation of "illegal" goods over state lines, 4. profiling citizens from certain states

Complexities of federalism

Some things can be legal and illegal at the same time

Levels of federal courts

1. Trial at District Court, 2. Appeal at the Court of Appeals, 3. Appeal at the Supreme Court

Types of Cases

Civil and Criminal

civil case

A case involving a noncriminal matter such as negligence, or a contract dispute

Criminal Case

a court case involving a crime, or violation of public order. May result in jail time.

Enumeration of Powers

a written list of the specific powers of government in order to limit it's power

Technology and Privacy Interaction

Technology has increased the government's ability to keep tabs on its citizens

Benefits of Federalism

1) provides central authority through the federal government

2) prevents the abuse of power by either the states or the federal govt

3) states are "laboratories of democracy" that can test out new laws

Supremacy Clause (Article VI)

Federal law is supreme over state law when there is a conflict between the two

Full Faith and Credit

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Privileges and Immunities

States are prohibited from unreasonably discriminating against residents of other states (article 4)

States Rights Positions

1. The state governments are better able to respond to its citizens, 2. The states can choose illegal and legal activities for themselves.

National Rights Position (Federalist)

The federal government must have more power because we need to accomplish big things (man on the moon, Covid vaccines, Civil Rights)