Federalism Overview
What is the working definition of Federalism?
a system whereby responsibilities are split between a centralized, uniform power (federal) and individual state powers (state)
What is the main takeaway from McCulloch v. MD?
Does the U.S. v. Lopez Court case have limited federal powers?
Yes, the U.S. v. Lopez Court case had limited federal powers?
What does the Necessary and Proper Clause do?
What is Abby's Dog's name?
Sebastian
Federal State Separation of Powers
What does McCulloch v. MD have us ask?
Is the government's proposed action action or law reasonably related to it's enumerated goal?
Where do we look to find why the U.S. v. Lopez case limited federal power?
The Commerce Clause
What is the Commerce Clause?
Part of the Constitution that grants Congress the power to regulate trade and business between states.
Where was Abby born?
Exeter Hospital
What is jurisdiction?
jurisdiction means the official, recognized power to make legal decisions and judgments concerning an area or topic
Where does McCulloch petition for review after he loses at the district court?
A Federal Court of Appeals or Circuit Court
Why did the federal government not win the case?
Regulation of generalized violence is way too broad to be seen as encompassed as a commercial activity falling under the Commerce Clause
What are enumerated powers?
They are powers granted to the U.S. Federal government by the Constitution
What are Abby's parents name?
Sharon and Sean
What are the 3 steps to examine Federalism?
1. is this an enumerated power in the US Constitution?
2. Is this an IMPLIED FEDERAL power under the necessary and proper clause of the US Constitution?
3. Is this power reserved to the STATES via the TENTH
AMENDMENT?
Where does McCulloch petition after he lost at the District Court and the Circuit Court?
The U.S. Supreme Court
What does the U.S. v. Lopez case tell us about "interstate commerce" power?
"Interstate Commerce" power only goes so far, limits federal power and retains state sovereignty over criminal convictions for crimes that insufficiently involve interstate commerce
How does the tenth amendment reinforce federalism?
The tenth amendment reserves powers not given to the federal government, or withheld from the states, to the states themselves or to the people
How long has Abby been dancing for?
12 years
Why did the U.S. adopt Federalism?
The US adopted Federalism after problems arose under the Articles of Confederation
Why did McCulloch get in trouble?
He refused to pay the tax of $15,000
What are some reserved state powers?
Police powers, Education Authority, Marriage, Licensing, and Elections
What is another name for the Elastic Clause?
The Necessary and Proper Clause
What is Abby's favorite food?
Really good pasta