1. Chapter 3 Federalism

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

3. Allows for implied powers to fulfill the enumerated powers in the Constitution

4. 2) What are enumerated powers?

5. A listing of 17 specific powers given the federal government as outlined in the Constitution

6. 3) What is does a federal system of government mean?

7. It means authority for governing is divided between a national government and state governments

8. a) Review A 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….

9. Constitutionalism

10. 4) When state and federal laws conflict, what is used to determine who wins?

11. The Supremacy clause in the Constitution

12. 5) The system of federalism provides the federal and state governments what?

13. Supremacy in decision making, otherwise known as sovereignty

14. 6) Where do we find the powers guaranteed to the states?

15. The Tenth Amendment

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

17. A Unitary system of government

18. 8) What are reserved powers?

19. Powers not specified in the Constitution that are reserved to the States via the Tenth Amendment

20. 9) What does the Ninth Amendment do?

21. Says that just because a power isn’t specified in the Constitution, doesn’t mean it doesn’t exist.

22. b) Review The belief that people are the ultimate source of governing authority is called…

23. Self-government

24. 10) Enumerated Powers are those powers given to???

25. The Federal Government

26. 11) What are concurrent powers?

27. Powers that both the federal and state governments can do

28. 12) Examples of Concurrent Powers would be…

29. Raise taxes, build roads, develop a police force, borrowing money, chartering banks, establishing courts

30. c) Review The Virginia and New Jersey plans introduced at the Constitutional Convention differed mainly over…

31. Representation in Congress - population or each state gets one vote

32. 13) What are Executive Orders?

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

34. 14) McCulloch v Maryland ruled what???

35. 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.

36. 15) Gibbons v. Ogden did what?

37. That the federal government could regulate interstate commerce (New York could not give a monopoly to a company that traveled between NY and NJ.)

38. 16) The concept of federalism, as considered in 1787, was important because it was meant to do what?

39. It allowed for strong state and local governments.

40. 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.

41. The Articles of Confederation

42. d) Review The ability of persons to influence governmental policy is called…

43. Power

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

45. During the Great Depression

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

47. The each state honors the agreements each state makes with its citizens, or reciprocates agreements with citizens

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

49. As long as the Federal government attempts to do more than it is allowed, the Tenth Amendment will live on!

50. 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?

51. Montesquieu

52. e) Review Why / when was the Bill of Rights added to the Construction?

53. After ratification, to please the anti- federalists who were concerned about a powerful federal government’s intrusive power

54. 22) Federalism has changed throughout the years because of what events?

55. 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.

56. 23) Which type of federal directives are most favored by the states?

57. 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

58. 24) What is devolution?

59. 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

60. 25) What are block grants?

61. 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.

62. 26) Where does the Constitution specify states rights?

63. 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

64. 27) Why was the Tenth Amendment added?

65. 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)

66. f) Review What is the biggest risk we face from self-government and majority rule?

67. 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

68. 28) What did the founders of this great country think was the purpose of enumerated powers?

69. 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

70. 29) How important is federal funding to the states?

71. 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)

72. 30) What is dual federalism?

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

74. g) Review According James Madison, what was the problem the framers had in drafting the Constitution?

75. To develop a constitution that would enforce national interests, including defense and commerce, but not so strong that it would destroy individual liberties.

76. The End