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CHAPTER 3 Pages 66-98 Skip Intergovernmental Relations pages 79-90
Defining Federalism A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.
Unitary government: A way of organizing a nation so that all power rests in the central government. Most governments today are unitary.
Confederation: national government is weak and most of all the power is in the hands of its components ie, the individual states.
Why is Federalism Important? 1. decentralizes our politics. 2. enhances judicial power 3. decentralizes policies
Constitutional Basis for Federalism: 1. The division of power 2. The 10th Amendment: powers not delegated tot he Us by the constitution nor prohibited by its to the states are reserved to the states
EXCEPTION to Federalism: THE SUPREMACY CLAUSE The supremacy clause Article VI which makes the constitution, national laws and treaties supreme over state laws when the national government is acting within its constitutional limits.
McCulloch v. Maryland A 1819 USSCT opinion that established the supremacy of the national government over state governments. Held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
Implied powers: Powers the the federal government that go beyond those enumerated in the constitution.
Enumerated powers: Powers of the federal government that are specifically addressed in the constitution. For congress these are listed in Article I Section 8
The Elastic Clause: The Necessary and Proper clause of Article I Section 8. Gibbons v. Ogden: landmark case decided 1824 USSCT interpreted Article I Section 8 giving Congress the power to regulate interstate commerce, which encompasses every form of commercial activity. Developed theory of Commerce Power.
Full Faith and Credit: Clause in Article IV Section 1 requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.
Privileges and Immunities: A clause in Article IV Section 2 which gives citizens of each state most of the privileges of citizens of other states.
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