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) 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….
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….
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) Review
The belief that people are the
ultimate source of governing
authority is called…
b) Review
The 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) Review
The ability of persons to
influence governmental
policy is called…
d) Review
The 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) Review
Why / when was the Bill of Rights
added to the Construction?
e) Review
Why / when was the Bill of Rights
added to the Construction?
After ratification, to please the antifederalists 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) Review
What is the biggest risk we face
from self-government and
majority rule?
f) Review
What 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) Review
According James Madison, what
was the problem the framers had
in drafting the Constitution?
g) Review
According 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