Chapter 3 Federalism. 1) What is the “necessary and proper” clause?

Chapter 3

Federalism

1) What is the “necessary and proper” clause?

1) What is the “necessary and proper” clause?

Allows for implied powers to fulfill the enumerated

powers in the Constitution

2) What are enumerated powers?

2) What are enumerated powers?

A listing of 17 specific powers given the federal government as

outlined in the Constitution

3) What is does a federal system of government

mean?

3) What is does a federal system of government

mean? It means authority for

governing is divided between a national government and state

governments

a) ReviewA government that is restricted to

strict limits on its use of power and therefore, it’s ability to restrict its citizen’s rights is

called….

a) ReviewA government that is restricted to

strict limits on its use of power and therefore, it’s ability to restrict its citizen’s rights is

called….

Constitutionalism

4) When state and federal laws conflict, what is used to

determine who wins?

4) When state and federal laws conflict, what is used to

determine who wins?

The Supremacy clause in the Constitution

5) The system of federalism provides the federal and state

governments what?

5) The system of federalism provides the federal and state

governments what?

Supremacy in decision making, otherwise known

as sovereignty

6) Where do we find the powers guaranteed

to the states?

6) Where do we find the powers guaranteed

to the states?

The Tenth Amendment

7) What is a government called when all power resides in the central government?

7) What is a government called when all power resides in the central government?

A Unitary system of government

8) What are reserved powers?

8) What are reserved powers?

Powers not specified in the Constitution that are

reserved to the States via the Tenth Amendment

9) What does the Ninth Amendment do?

9) What does the Ninth Amendment do?

Says that just because a power isn’t specified in the

Constitution, doesn’t mean it doesn’t exist.

b) ReviewThe belief that people are the ultimate source of governing

authority is called…

b) ReviewThe belief that people are the ultimate source of governing

authority is called…

Self-government

10) Enumerated Powers are those powers given

to???

10) Enumerated Powers are those powers given

to???

The Federal Government

11) What are concurrent powers?

11) What are concurrent powers?

Powers that both the federal and state

governments can do

12) Examples of Concurrent Powers would

be…

12) Examples of Concurrent Powers would

be… Raise taxes, build roads, develop a police force,

borrowing money, chartering banks, establishing courts

c) Review The Virginia and New Jersey

plans introduced at the Constitutional Convention

differed mainly over…

c) Review The Virginia and New Jersey

plans introduced at the Constitutional Convention

differed mainly over…

Representation in Congress - population or each state gets

one vote

13) What are Executive Orders?

13) What are Executive Orders?

Orders issued by the President, that affect federal agencies and cabinet departments, becomes part of our Supreme Law of the

Land

14) McCulloch v Maryland ruled what???

14) McCulloch v Maryland ruled what???

The implied powers allowed Congress to set up a national

bank, and states could not tax the a federal institution –

conversely, Congress could not tax a state institution.

15) Gibbons v. Ogden did what?

15) Gibbons v. Ogden did what?

That the federal government could regulate interstate commerce (New York could not give a monopoly to a company that traveled between

NY and NJ.)

16) The concept of federalism, as considered in

1787, was important because it was meant to do what?

16) The concept of federalism, as considered in

1787, was important because it was meant to do what? It allowed for strong state and local governments.

17) The idea that “government is best which governs least” is

illustrated in this document, but also shown maybe that’s not the

best idea on the plant.

17) The idea that “government is best which governs least” is

illustrated in this document, but also shown maybe that’s not the

best idea on the plant.

The Articles of Confederation

d) ReviewThe ability of persons to influence governmental

policy is called…

d) ReviewThe ability of persons to influence governmental

policy is called…

Power

18) When did the federal government really, really, really expand in power & authority?

18) When did the federal government really, really, really expand in power & authority?

During the Great Depression

19) What does the full-faith and credit clause guarantee?

19) What does the full-faith and credit clause guarantee?

The each state honors the agreements each state makes with

its citizens, or reciprocates agreements with citizens

20) Is the Tenth Amendment valid for today? (or is it obsolete,

like the Third Amendment?)

20) Is the Tenth Amendment valid for today? (or is it obsolete,

like the Third Amendment?)

As long as the Federal government attempts to do more than it is

allowed, the Tenth Amendment will live on!

21) Who was it that said a small republic and not a federal system is most likely to respect the rights

of the people is serves?

21) Who was it that said a small republic and not a federal system is most likely to respect the rights

of the people is serves?

Montesquieu

e) ReviewWhy / when was the Bill of Rights

added to the Construction?

e) ReviewWhy / when was the Bill of Rights

added to the Construction?

After ratification, to please the anti-federalists who were concerned

about a powerful federal government’s intrusive power

22) Federalism has changed throughout the years because

of what events?

22) Federalism has changed throughout the years because

of what events? The Great Depression, to begin with, the

civil rights era and the infringement of minority rights by states, the rise of totalitarian governments around the world and the need for the federal

government to deal with them.

23) Which type of federal directives are most favored by

the states?

23) Which type of federal directives are most favored by

the states?

Block grants, because they can use them where ever they want within the specified area, like educational

funding being spent on astroturf football fields in high schools

24) What is devolution?

24) What is devolution?

The effort of the federal government to scale back the size

and activities of the national government and give more

responsibility back to the states

25) What are block grants?

25) What are block grants?

Money given for specific areas such as health care or education.

Medicaid is an example of such a grant, to allow health care for the

poor.

26) Where does the Constitution specify states rights?

26) Where does the Constitution specify states rights?

It doesn’t!! It spells out the powers enumerated for the

federal government, but reserves all the other responsibilities to the states, via the Tenth Amendment

27) Why was the Tenth Amendment added?

27) Why was the Tenth Amendment added?

At the insistence of the states, as part of the new Bill of Rights, to insure the federal government

over reached its authority (not like it doesn’t try on a regular basis)

f) ReviewWhat is the biggest risk we face

from self-government and majority rule?

f) ReviewWhat is the biggest risk we face

from self-government and majority rule?

The tyranny of the majority – fear that the people would become

inflamed by a passionate issue or fiery demagogue and act rashly – and

trample the rights of minorities

28) What did the founders of this great country think was the

purpose of enumerated powers?

28) What did the founders of this great country think was the

purpose of enumerated powers?

The founders felt that the enumerated powers would be the

powers that the federal government would stick to, and

not try to over reach its authority

29) How important is federal funding to the states?

29) How important is federal funding to the states?

Very important. For many states, including NY, as much as a quarter of

the money for state budgets come the federal government (with many, many,

many strings attached, of course)

30) What is dual federalism?

30) What is dual federalism?

An idea (not practiced anywhere on planet Earth), where there is a precise separation of national and state authority was possible and

desirable.

g) ReviewAccording James Madison, what

was the problem the framers had in drafting the Constitution?

g) ReviewAccording James Madison, what

was the problem the framers had in drafting the Constitution? To develop a constitution that

would enforce national interests, including defense and commerce,

but not so strong that it would destroy individual liberties.

The End