Questions and Answers
What is the Federal System?
What is a Confederation?
A type of government where the national government derives its powers from the states.
What powers are included in the Enumerated Powers?
Taxation, coinage of money, regulation of commerce, and authority to provide for national defense.
The Necessary and Proper Clause is only called the elastic clause.
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The _____ Clause mandates that national law is supreme over state laws.
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What does the Tenth Amendment define?
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What are Reserve Powers?
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Concurrent Powers are exclusively given to either state or national governments.
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What is a Bill of Attainder?
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What does the Full Faith and Credit Clause ensure?
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What is the significance of McCulloch v. Maryland?
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What is Cooperative Federalism?
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The Sixteenth Amendment authorized Congress to enact a _____ tax.
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What are Unfunded Mandates?
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Sovereign Immunity allows states to be sued without their permission.
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Study Notes
Federal System
- A governance structure where national and state governments share powers.
- Authority is derived from the people; national powers are outlined in the U.S. Constitution.
Confederation
- A governmental framework where states hold most powers, creating a league of independent states.
Unitary System
- A centralized governmental model with local and regional authorities deriving all power from a strong national government.
Enumerated Powers
- Specific powers granted to Congress detailed in Article I, Section 8 of the U.S. Constitution, including taxation, coinage, commerce regulation, and national defense.
Necessary and Proper Clause
- Found in Article I, Section 8; empowers Congress to enact laws necessary for executing enumerated powers, also referred to as the elastic clause.
Implied Powers
- Powers not explicitly listed but inferred from enumerated powers and the Necessary and Proper Clause.
Supremacy Clause
- Article VI declaration stating national law supersedes state laws and other governmental regulations.
Tenth Amendment
- Part of the Bill of Rights emphasizing that powers not delegated to the federal government are reserved for states or the people.
Reserved Powers
- Powers allocated to states through the Tenth Amendment, foundational for state legislation on public health and welfare.
Concurrent Powers
- Authorities held by both state and national governments that can be exercised simultaneously, provided they don't conflict with national law.
Bill of Attainder
- Legislative act that declares an act illegal without a judicial trial.
Ex Post Facto Law
- Legislation that retroactively makes lawful acts illegal, prohibited by the U.S. Constitution.
Full Faith and Credit Clause
- Article IV provision ensuring legal decrees and contracts in one state are recognized and enforceable in other states.
Privileges and Immunities Clause
- Guarantees that citizens of each state receive the same legal rights in all states.
Extradition Clause
- Article IV requirement mandating states to return criminals to their jurisdiction of conviction or trial.
Interstate Compacts
- Contracts between states with legal force, often addressing multistate policy matters.
McCulloch v. Maryland (1819)
- Supreme Court ruling affirming national government authority and disallowing states from taxing federal banks, reinforcing the supremacy clause and broad interpretation of the Necessary and Proper Clause.
Gibbons v. Ogden (1824)
- Supreme Court decision supporting expansive congressional power to regulate interstate commerce, interpreting the commerce clause broadly.
Dual Federalism
- Perspective advocating for distinct and equally powerful layers of government.
Sixteenth Amendment
- Allowed Congress to implement a national income tax.
Seventeenth Amendment
- Instituted direct election of senators, shifting the selection process from state legislatures to the populace.
Cooperative Federalism
- Collaborative federal-state relationship originating during the New Deal era.
Categorical Grant
- Federal funds allocated by Congress for specific purposes or projects.
New Federalism
- Reagan-era proposal aimed at redistributing administrative authority back to state governments.
Block Grant
- Comprehensive grants provided by the federal government with minimal conditions, designated for specific areas like health or education.
Unfunded Mandates
- Federal regulations imposing obligations on states without financial support for implementation.
Preemption
- Concept originating from the supremacy clause allowing national government to preempt state or local actions in designated matters.
Sovereign Immunity
- The principle that a state cannot be sued unless it consents, rooted in the Eleventh Amendment's view of state sovereignty.
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Test your knowledge of federalism with these flashcards covering key terms and concepts from Chapter 3. Learn about the federal system, confederations, and the distribution of powers between national and state governments.
