Giganti quiz
How are Reserved powers related to Federalism
Reserved powers relate to federalism because federalism is the separation of powers between the federal and state governments, and reserved powers are the power given to states and not the federal government.
National Supremacy Clause
National Supremacy is a doctrine found in Article VI, 2nd Clause that states when there is a dispute between federal laws and state laws, the federal law is superior. All judges have to follow the federal constitution even if they contradict the state constitutions.
National Supremacy Clause examples
McCulloch v Maryland case (it was declared that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers.)
Necessary and Proper clause example
Obama's Constitutional Legacy challenges about legalizing marijuana
Extradition
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed. It is outlined in Article IV, Section 2, Clause 2 which requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.
Federal Mandates
A requirement or an order from the federal government that all state and local governments must comply with. If the federal government doesn't have explicit power to set a mandate, they can use incentives or threats to encourage certain actions(grant in aid).
Interstate compacts examples
An example of an interstate compact is the interstate mining compact. This compact was made in many states. This was made in order to protect land from destruction by mining. Interstate Wildlife Violator Compact. Colorado and Nevada worked independently to draft the first compact documents. They merged the draft documents and in 1989 legislation was passed into law in Colorado, Nevada and Oregon to form the official Interstate Wildlife Violator Compact.
Interstate compacts
An interstate compact is a contractual arrangement between two or more states in which assigned parties agree on a specific policy issue and either adopt a set of standards or cooperate with one another on a particular regional or national matter. These matters may be in regard to a variety of topics, under three main categories, Border compacts, Advisory compacts, and Regulatory compacts. Interstate compacts require the consent of Congress.
Commerce clause examples
Another example can be pollution. . Another example of the commerce clause can be found in international trade dealings. For example if a company wants to distribute a product to another country, the agreement made is subject to federal laws and regulations. Trucking regulations Tariffs
How do concurrent powers relate to Federalism
Because of concurrent powers, the state government has the right to provide for themselves the same things the national government usually takes into their own hands.
How is the Commerce clause related to federalism
Commerce Clause would be related to it because in interstate trade, its two states are on the same level under the federalist system so the federal government has the authority to regulate the trade between the states or to just regulate trade that affects more states than one.
concurrent powers
Concurrent powers are those shared by both the national and state governments. (And some by local governments too.) All three governments may have these powers exercised in the same areas.
Extradition examples
Crimes in which extradition is necessary are murder, rape, kidnapping, drug trafficking, terrorism, sexual assault, espionage, etc. (most serious crimes)
How are interstate compacts related to Federalism
Disputes were common between early states, the founding fathers noted this during the creation of the Constitution. They gave states a means to negotiate disputes. This relates to federalism because Interstate treaties can assist in clarifying and strengthening the limits on the federal government's defined powers.
Reserved powers examples
Example: 10th Amendment Regulation of Schools Conduct elections Coat vs Dish: An event that we can see reserved powers being in effect is in the court case
How is extradition related to Federalism
Extradition relates to federalism because it involves a relationship among many states to carry out the process efficiently. The process of extradition also highlights the relationship between federal and state governments (federal and state courts).
Federal Mandates examples
Federal mandates address issues of national importance: -environmental regulations -Interstate Roads - Disabilities Act - No child left behind act
How do implied powers relate to Federalism
Federalism allows there to be a division of power between the federal government and the state government. Implied powers allow the federal government to have certain powers even though they weren't stated in the Constitution such as creating and maintaining the Second National Bank.
How do Enumerated powers relate to federalism
Federalism is a division of power between national and subnational government. Enumerated Powers make clear the powers afforded to the national (federal) US Congress.
implied powers
Implied powers are powers that the federal government has that were not explicitly stated in the Constitution. These powers come from the Elastic Clause
How do Federal mandates relate to Federalism
It relates to federalism as it promotes the idea of the national government being the supreme law of the land.This relates to federalism because of the interaction between federal and state governments .
enumerated powers
Powers that the Constitution specifically grants to the Congress in Article I, Section 8 of the U.S. Constitution
Reserved powers
Reserved powers are the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, that are reserved to the States respectively, or to the people. Provided by the 10th Amendment
Commerce clause
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. (What the clause means by commerce is the activity of selling, trading, exchanging, and transporting goods and people, as distinct from producing the things being moved. "To regulate" means to "make regular", with respect to international trade, and it also includes the power to ban trade in some items.)
Elastic Clause
The Elastic Clause talks about how the federal government has more powers besides what is actually stated. The Elastic Clause states "to make all Laws which shall be necessary and proper for carrying into Execution".
How does the National Supremacy Clause relate to federalism
The National Supremacy Article declares that the federal government is supreme in a dispute between the state and federal governments. Federalism is the division of power between national and subnational government, so the National Supremacy Article is an essential element of Federalism. Without it, the system of federalism in the United States would be unclear and lead to ambiguity.
Necessary and Proper Clause (Elastic Clause)
The Necessary and Proper clause is Article I, Section 8, Clause 3 of the Constitution. The Supreme Court considers this clause as an addition of the other powers bestowed in the national government, such as the enumerated Article 1 powers of Congress. The Supreme Court invokes the Necessary and Proper clause whenever the Supreme Court mentions the outer limits of the enumerated powers of Congress.
Implied powers examples
The federal government has the power to change minimum wage because of their power to regulate commerce. Another example of an implied power is the creation of the Air Force to increase the power of the national military. The creation of the IRS Federal Aviation Administration
enumerated powers examples (2)
The power of the Congress to declare war Congress can also regulate trade and interstate commerce
How is the Necessary and Proper Clause related to Federalism
This relates to Federalism because it is describing different powers given solely to the Congress and not to the states. The Necessary and Proper clause says that the congress may pass any laws it needs to execute the powers spoken about in Section 8.
Concurrent powers examples
levy taxes create lower courts provide law enforcement borrow money Crime and punishment