AP Gov: Chapter 3.1 and 3.2 (Federalism)

Supremacy Clause

"This Constitution, and the Laws of the United States . . . shall be the supreme Law of the Land" -->the states must abide by the laws passed by Congress, even if state constitutional provisions conflict with them.

What powers are denied to federal government?

1) Violate rights and liberties outlined in the Bill of Rights 2) Admit new states without the consent of the territory's residents 3) Change state boundaries without consent of its residents 4) Impose taxes on goods and services exported and imported within state boundaries

What powers are denied to the states?

1) enter into treaties with foreign governments 2) Print money 3) Tax imports or exports 4) Declare war

What does the structure of government chosen by the Farmers reflects? Therefore, the new system of government divided authority between multiple levels of _________

1) the fact that states could not be sovereign 2) the national government should not have all power Government

How would one classify the authority to create an air force? A. an expressed power B. an enumerated power C. an implied power D. an exclusive power

C

Powers that are specifically granted to the national government in the Constitution are known as: A. expressed powers. B. implied powers. C. specific powers. D. exclusive powers.

A

What's the background of Gonzalez v. Raich?

Angel McClary Raich and Diane Monson filed lawsuits in a California federal court against the US government Their claim - legal use of medical marijuana a) Both women had severe health issues b) DEA agents seized and destroyed six marijuana plants that Raich was growing in her home

A unitary system of government is one in which: A. the national government shares power with subnational governments. B. the central government has power over all subnational governments. C. the subnational governments have most of the power. D. a single executive has total power over all subnational governments.

B

The commerce clause within the Constitution gives Congress which power? A. The authority to levy any taxes against goods transported across state lines. B. The authority to regulate interstate business and any commercial activity. C. The authority to inspect any incoming shipments of goods from overseas. D. The authority to make any laws that would benefit the trading economy in the United States.

B

The full faith and credit clause in the Constitution requires: A. states to make laws that are in accordance with federal laws. B. states to recognize public acts and records from other states. C. states to return criminals to the state where a crime was committed. D. states to allow regulate commerce fairly within that state.

B

Which statement BEST summarizes the relationship between basic rights and the privileges and immunities clause? A. Criminals do not retain their rights after fulfilling their sentences or after a set number of years. B. The more fundamental the right, the better it is protected under the privileges and immunities clause. C. If a right is not listed within the Bill of Rights, it is not protected under the privileges and immunities clause. D. Those rights that are not basic are not protected by the privileges and immunities clause.

B

In a confederal system: A. the national government shares power with subnational governments. B. the national government has power over all subnational governments. C. the subnational governments have most of the power. D. the Articles of Confederation is the governing document.

C

Katie is studying the reserved powers under the American federal system for an upcoming exam. Which authority should Katie include in her studying? A. regulation of interstate commerce B. funding armed forces C. conducting elections D. violating some rights within the bill of rights

C

Powers that only the national government has are known as: A. expressed powers. B. implied powers. C. exclusive powers. D. enumerated powers.

C

What was the conflict over medical marijuana?

CONTEXT: The Supreme Court settles disputes between the national government and the states by defining the ambiguous implied powers of Congress. In the Gonzales v. Raich (2012) case, the Court defined COMMERCE to reach its decision

Granted in the Constitution allow national and state authority to overlap in the areas of public policy. Examples: enforce a tax, create courts, borrow money

Concurrent powers

Where is the boundary between the powers of the federal government and those of the states? What's concurrent powers?

Concurrent powers: things the federal and the state government share. All powers not expressed in the constitution goes to the states

Powers that are retained for the people and the states, which are not given to the national government, are: A. supreme B. concurrent powers C. absolute powers D. reserved powers

D

Which is an example of a concurrent power? A. the ability to regulate commerce B. the ability to establish a police force C. the ability to make foreign policy D. the ability to create a court system

D

*Conflict over Medical Marijuana* When the court rules, it either: ____ national power and ____ state power or ____ national power and ____ state power

EXPANDS national power and WEAKENS state power OR WEAKENS national power and EXPANDS state power

Who has the powers to... 1) Enumerated and Implied Powers 2) Coin money 3) Declare War 4) Raise and Support armed forces 5) Make treaties 6) Provide for the naturalization of citizens 7) Regulate interstate and foreign trade and trade with Indian tribes

Federal

Who has the powers to.... 1) Concurrent powers 2) Levy taxes 3) Borrow money 4) Regulate interstate commerce 5) Regulate banks 6) Create and operate court systems 7) Determine voting qualifications

Federal and State

*National and State Power* Where does federalism create conflict?

Federalism divides power among the layers of government, therefore creating conflict between those who have the power to legislate on public policy areas.

What was the goal and outcome of the structure of government chosen by Farmers?

GOAL: reduce ability of tyranny at national level OUTCOME: continuous conflict over state versus national authority

Commerce Clause

Grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." -->Congress has claimed the authority to define nearly any productive activity as commerce.

California recently passes Proposition 64 measure allows adults twenty-one and older to possess up to one once of marijuana and grow up to six plants in their homes. Explain how federalism causes tension between the national and state governments.

In a federal system, the national and state governments can on occasion enact laws that conflict with one another.

Unitary, Federal, Confederate chart

In a unitary system, power that is delegated to the sub national units is not constitutionally protected. In a federal system, power at lower levels is constitutionally protected and cannot be taken away by the central government

In Texas v Johnson, the Supreme Court overturned a Texas state law banning flag burning as a violation of the First Amendment's protection of free speech. According to an article by the Washington Post, polls show most Americans want flag desecration outlawed. A) Explain why federalism makes it difficult for states to address an issue like flag burning, even though most Americans want flag desecration outlawed.

In our federal system, the Constitution and federal law are supreme when they conflict with any inconsistent state law. Therefore, even if a state chooses to criminalize flag burning, it would be declared unconstitutional.

Explain why it was difficult to pass a constitutional amendment banning flag burning, even though most Americans wanted to outlaw flag desecration.

It is difficult to amend the constitution. A supermajority is required both to propose and ratify an amendment, and the flag burning amendment may well be opposed by any group that can imagine itself as protesting any action of the federal government. The difficulty in amending the Constitution helps explains why the document has been amended only 27 times in over 200 years.

Who has the power to... 1) Reserved powers 2) Provide police and fire protection 3) Conduct elections 4) Amendments approved by 3/4 of the states 5) Establish local town, county, and regional bodies 6) regulate interstate commerce

State

*Powers if State Governments* Much of the protection for state authority comes from the _____ _____. What was the effect?

Tenth Amendment Effect: Reserved powers were not given to the national government and are, therefore, retained by the states and the people.

California recently passes Proposition 64 measure allows adults twenty-one and older to possess up to one once of marijuana and grow up to six plants in their homes. Describe one way in which the Controlled Substances Act of 1970 impacts the situation described in the scenario.

The Controlled Substances Act of 1970 makes it illegal to cultivate or possess marijuana which causes the expanses laws passed by the instinct of Columbia to contradict with federal law. It can be legal under state law but illegal under federal law.

Explain how the process for amending the Constitution reflects federalism.

The amendment process as involving participation by both the federal and state governments. Thus, for instance, Congress must either propose a specific amendment or convene a constitutional convention; and then, either state legislatures or state conventions must ratify any proposed amendment.

*National and State Power* How does the constitution provide for national power, and what about the reserves powers?

The constitution provides for national power through the Articles, yet reserves powers not delegated to the national government to the states and people

Define federalism

The sharing of power between the state and national government

Explain how the conflict between California's Compassionate Use Act and the federal Controlled Substances Act reflects tensions between the national and state governments.

There is tension because the national government technically doesn't have the jurisdiction owner marijuana (even though they made it illegal), so that is why CA can legalize marijuana. CA can operate marijuana because of how much money it brings them. Federal says it is okay as long as they monitor it.

Implied Powers

They are not specifically granted to the federal government. Under the necessary and proper clause, Congress can make laws to carry out its enumerated powers.

Article IV sets out the relationship between states: A) Full Faith and Credit Clause B) Extradition C) Privileges and Immunities Clause

a)requires states to recognize the public acts, records, and civil court proceedings from another state b)is the requirement that officials in one state return a defendant to another state where a crime was allegedly committed c)prevents states from discriminating against people from out of state

Necessary and Proper Clause

also called the elastic clause, a critical source of power for the national government -->Grants Congress the authority to legislate as necessary for carrying out its constitutionally granted powers (implied powers).

Enumerated or Expressed powers

powers granted to the national government in the Constitution, and especially to Congress.

What powers are constitutionally given to the federal government and what powers are reserved to the states?

enumerated powers to the federal government, and states have everything else

Julia is part of the __________ government, which gives her the authority to coin money, declare war, and make treaties.

federal

What was the problem with Gonzalez v Raich?

medical marijuana was LEGAL in California under the Compassionate Use Act of 1996, but ILLEGAL according to Controlled Substances Act of 1970

Exclusive Powers

powers that only the national government may exercise