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Federalism Test
| Question | Answer |
|---|---|
| Federalism | A system of government in which a written constitution divides the powers of government on a territorial basis between a national government and States |
| Difference between Layer Cake (Dual) Federalism and Marble Cake (Cooperative) Federalism | Cooperative federalism has interactions between federal and state governments which is the key to federalism |
| What are the three ¨Delegated Powers¨ | Expressed, Implied, Inherent |
| What are expressed powers | Powers spelled out in the Constitution |
| What are implied powers | Powers ¨reasonable suggested¨- Necessary and Proper Clause |
| What are inherent powers | Powers all nations have historically possessed |
| What are the three powers denied to national governments | Expressly denied, silently denied, and denied by federalism |
| What are expressly denied powers | powers such as illegal search and seizure and no quartering of troops |
| What are silently denied powers | Powers that are not delegated are ¨reserved¨ for states |
| What is the purpose of powers denied by federalism | To protect the states |
| What amendment outlines ¨Reserved Powers¨ | The 10th amendment |
| What does the 10th amendment say | powers not delegated for national governments are reserved for state governments |
| 5 examples of reserved powers | Marriage laws, drinking age laws, gambling laws, public schools, and public utilities |
| What are exclusive powers | Powers that are only given to the federal gov. |
| What are concurrent powers | Powers that are held by both the federal government and state governments |
| Examples of concurrent powers | The power to tax, establish courts, and punish crimes |
| What were the arguments FOR term limits in the US Term Limits v. Thornton case | Promotes democracy by preventing entrenched politicians, encouraging fresh ideas and more competitive elections |
| What were the arguments AGAINST term limits in the US term limits v. Thornton case | term limits violate the Constitution´s qualifications clause, setting qualification for office and leaving those decisions to voters and not the states |
| What was the outcome of the term limits in the US term limits v. Thornton case | States cannot impose term limits on members of Congress. |
| Current issues in federalism | Unfunded mandates, immigration, health care reform, education, federal role in marijuana, federal tax reform, cybersecurity, and gun rights |
| Examples of federal powers | Right to declare war, conduct foreign affairs, establish a federal court system, raise and support armies, coin money, regulate interstate commerce, etc. |
| Examples of state powers | creating public schools, local governments, traffic laws, borrow money, marriage licenses |
| Powers denied to states | coin money, entering treaties, postal service, etc. |
| Supremacy Clause | The constitution is the Supreme Law of the Land established in McCulloch v. Maryland |
| What happened in the McCulloch v. Maryland case | Maryland tried to make the National bank fail by placing a tax on it but the Supreme Court ruled the tax unconstitutional. Made the SUpreme court the ¨UMPIRE¨ between the state and national governments |
| National obligations to the states (article 4) | Republican form of government, prevent invasion and internal disorder, and respect for territorial integrity |
| Facts about admitting new states | only Congress has the power, they cannot take land from existing states without the consent of state legislatures involved (ex. Northwest ordinance of 1787) |
| What is the admission procedure (4 steps) | Territory asks for admission, Congress passes ENABLING ACT (asking a territory to write a Constitution), State formally applies after writing the Constitution, and the US passes an ACT OF ADMISSION allowing territory to become a state |
| Conditions of Admission | Congress sets limits on new states (ex. 1896 Utah must outlaw polygamy), and States must enter on equal footing |
| What is the Printz v. United States case about? | Centered around the Brady Act, requiring local law enforcement officers to perform background checks on individuals purchasing firearms |
| Give Printz´s argument and the US argument in the Printz v. US case? | Printz argued that the federal gov. cannot force state officials to carry out federal tasks but the US gov. argued that it was necessary under the necessary and proper clause to regulate interstate commerce and prevent crime and protect public safety |
| What is the outcome of the Printz v. United States case? | The federal government cannot require state and local law enforcement officers to conduct background checks on firearm purchasers under the Brady Handgun Violence Prevention Act |
| 2 examples of Cooperative Federalism | Grant in aid programs and block grants |
| Federal Aid to State examples | FBI assists local authorities and US Army helps train National Gaurd |
| States Aid to Federal gov. | States help conduct National elections and Local Law enforcement helps national Law enforcement |
| What are interstate compacts? | Agreements between states |
| Article 1 outlines that... | No state shall enter into any treaty, alliance, or confederation |
| What did the Supreme Court rule in the Virginia v. Tennessee case? | Supreme court ruled that Congress does not have to approve of interstate compacts that do not tend to increase the political power of the states |
| What is the ¨Full Faith and Credit¨ Clause? | Each state must honor the laws, records, and court decisions of every other state |
| What was the outcome of WIlliams v. North Carolina | Supreme court ruled that Nevada must recognize North Carolina marriage laws |
| What is extradition | legal process by which a fugitive from justice in one state is returned to it by another state |
| What is the ¨privileges and immunities¨ clause | No state shall discriminate against a person who lives in another sate |
| What event in history caused the change from Dual federalism to cooperative federalism | The Great Depression; New deal by FDR |
Created by:
Nortonmargaret
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