Foundations of Democracy Test (Federaliasm)

Federalism

Distribution of constitutional authority between the govt and the state govt, with different powers and functions exercised by both.

Enumerated/delegated/Expressed Powers

The powers of national govt specifically granted to congress in Article 1, Section 8, of the constitution.

Concurrent powers

Powers shared by the national and state govts

Reserved Powers

Powers reserved to the states by the 10th ammedment that lie at the foundation of a states right to legislate for the public health and welfare of its citzens. 

Implied Powers

powers of the national govt not directly listed in the constitution but are still state’s right to legislate for the fed govt’s enumerated powers and public health and welfare of its citizens.

Denied powers

Power of the Constitution denied to the national govt, state, or both govts. 

Inherent powers

Powers that belong to the president because they can be inferred from the constitution

Privileges and Immunities Clause (Article 4, Section 2)

“The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” (It ensures that an out-of-state citizen enjoys the same privileges as a citizen of the state in which he happens to find himself).

Full faith and credit clause

Section 4 of the Constitution ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

Extradition Clause *Article 4, Section 2) States - Privileges and extradition

Normalizes legal processes among the states. In this clause, the constitution requires that if a person is charged with a crime in one state and flees to another, the harboring state must return the individual to the charging state.

Necessary and Proper clause (Elastic Clause)

The final paragraph of Article 1, Section 8, of the Constitution gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution.

Supremecy Clause

Portion of Article 6 mandating that national law is supreme over (supersedes) all other laws passed by the states or by any other subdivision of government.

Commerce Clause

A clause in Article 1, Section 8 that empowers Congress to regulate interstate commerce with foreign countries and that forms the constitutional basis for much federal regulation.

Background of US v Lopez Case?

A high school student, Alfonso Lopez, brought a gun to school in Texas. He was charged under the federal law/act the Gun-Free School Zones Act of 1990. That whole case was later decided in 1995.

Congressional question/Issue in US v Lopez

Did Congress exceed its authority under the Commerce Clause by passing the Gun-Free School Zones Act?

Outcome of US v Lopez (decision)

5-4 decision in favor of Lopez. The Supreme Court ruled that the Gun-Free School Zones Act exceeded Congress's power under the Commerce Clause. (holding)

Importance of Outcome of US v Lopez

First major limit on federal power under the Commerce Clause in decades. Signaled a shift toward state power (federalism)—Congress can’t just say “everything affects commerce” so it Strengthened state sovereignty.

Constitutional Clause in US v Lopez

Commerce Clause (Article I, Section 8, Clause 3) - Empowers Congress to regulate interstate commerce with foreign countries and that forms the constitutional basis for much federal regulation.

What did each side of US v Lopez believe. 

• Lopez - Guns in schools aren't commerce

• Allowing this would give Congress unlimited power

• Should be a state/local issue

• US = Guns in school zones affect interstate commerce indirectly.

• Poor education caused by violence hurts the national economy.

• The Commerce Clause allows broad regulation of economic impacts.

Background of McCulloch vs. Maryland

1819 - Maryland tried to tax the national bank (2nd Bank of the U.S.) James McCulloch, a bank cashier, refused to pay the tax.

Constitutional Issues of McCulloch vs. Maryland

Can Congress create a national bank? Can a state tax the federal government?

Court Decision of McCulloch vs. Maryland

Chief Justice John Marshall and the court Unanimous decision for McCulloch. Congress can create a national bank because (A 1 S 8) contains the necessary and proper clause (elastic clause). States cannot tax the federal government.

Importance of McCulloch vs. Maryland

Expanded federal power. Affirmed the doctrine of implied powers under the Necessary and Proper Clause. Cemented the idea of federal supremacy over the states.

Constitutional Clauses in Mculloch vs Maryland

• Necessary and Proper Clause (Article I, Section 8, Clause 18)—Gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution.

• Supremacy Clause (Article VI)— Mandating that national law is supreme over (supersedes) all other laws passed by the states or by any other subdivision of government.

Each side's beliefs of McCulloch vs. Maryland

• McCulloch- Creating a national bank helps carry out enumerated powers (like taxing).

• Congress has implied powers via the Necessary and Proper Clause.

• The Supremacy Clause means states can’t tax the federal government.

• Maryland - The Constitution doesn’t say Congress can create a bank.

• Federal power should be limited to what’s listed.

• States have the right to tax businesses in their borders.

Cooperative Federalism (Marble Cake federalism)

Both levels of government work together in the same areas of public policy; states and the federal government work together to shape public policy.

Dual Federalism(Layer cake federalism)

Not complete, but a distinct separation between the state and fed government so they operate independently in their own areas of public policy.

Aggrandizement

The act of increasing the power, wealth, status, or importance of someone or something, often with a disapproving connotation, implying an excessive or selfish motive for personal gain