Gateways Study Guide: Chapter 3 - Understanding Federalism and the U.S. Government - Prof., Study notes of Local Government Studies

Download Gateways Study Guide: Chapter 3 - Understanding Federalism and the U.S. Government - Prof. and more Study notes Local Government Studies in PDF only on Docsity! Gateways Study Guide Chapter 3 1. What is the difference between confederal, unitary and federal systems? Make sure to define each and note what makes them different from each other.  confederal system: system of government in which ultimate authority rests with the regional (for ex. state governments.) Limits power on the national government.  unitary system of government in which ultimate authority rests with the national government. The national government has virtually every power.  Federalism: system of government in which sovereignty is constitutionally divided between national and state governments. national and state governments derive their authority from the ppl. 2. What type of government do we have in the U.S. in terms of how our sovereignty is constitutionally divided? Federalism. It was a new system of government the Framers established. So it was an experiment in a way, and other countries around the world were watching to see if federalism would work or not. 3. Discuss the differences between how the constitution allocates national powers, state powers (reserve) and shared powers (concurrent).  reserve: powers retained by the states under the Constitution. Ex. licensing  concurrent powers: powers held by both the national and state governments in a federal system. These powers include taxing, borrowing and spending money, making and enforcing laws, establishing court systems, and regulating elections. 4. What are some of the powers that the Constitution limits? a. Congressional limits: Suspending writs of habeas corpus; ex post facto laws  The Constitution prevents Congress from suspending the writ of habeas corpus- the right of individuals who have been arrested and jailed to go before a judge who determines if their imprisonment is legal.  ex post facto laws: the passage of any law that declares an individual guilty of a crime, or any law that makes an act illegal after the fact is illegal. b. Limits on state governments? the states need to have a Republican Form of Government. (guarantee clause)  states are also limited by the 14th and 15th amendments.  14th- prohibits the states from denying any person due process of law and the equal protection of the laws (due process clause)  15th: prohibits states from denying the right to vote on account of race.(equal protection clause) 5. How does the Supremacy Clause lay the groundwork for the relationship between the nation and the state? a. What is preemption? doctrine by which extensive federal regulation can prevent regulation by the states. Ex. if Congress and states both seek to regulate an area of concurrent authority, such as pollution control or the minimum wage, the supremacy clause requires states to meet national standards if national standards are higher than state standards. b. How does the Tenth Amendment fit in? reserves the powers not granted to the national government to the states or to the people. c. The doctrine of sovereign immunity? doctrine holding that states cannot be sued without their permission. 6. What is the commerce clause and how was it meant to help alleviate some of the problems under the Articles of Confederation? commerce clause gives Congress the power to regulate commerce with foreign nations, with Indian tribes, and among the various states. This prevented states from refusing to trade with other states. States may tax gods from other states equal to the amount that they tax goods produced in their own states, but they cannot charge extra taxes to goods that are made out of state. 7. What is the full faith and credit clause and what was its function? requires states to accept civil proceeding from other states. ex. marriage. 8. Privileges and immunities clause? requires states to treat nonresidents equally to residents. 9. What does it mean when we use the term nationalization? What is this process and why was it important in terms of federalism? nationalization: the process of becoming one nation. It is important in federalism because although the powers are separated into two, they have to cooperate in order for federalism to work. Power leans toward to central government. 10. What is the difference between nation-centered federalism and state-centered federalism? Which one of these views is promoted by states righters? How is the doctrine of nullification related to this?  nation-centered federalism: view that the constitution and the federal government derive from the people, not from the states. Hamilton favored this view.  state-centered federalism: view that the states created the constitution and the federal government. Jefferson favored this view. 11. Why was McCulloch v. Maryland important? It gave Congress the right to create a bank. This helped congress to coin money and collect taxes, and declared that the creation of a bank helped reach those goals. Thus creating a bank was an implied power that fell within the scope of authority granted by the necessary and proper clause. The debate over national authority to establish a national bank. 12. What about Gibbons v. Ogden? How did it influence nationalization? supreme court decision giving broad latitude to Congress under the commerce clause. Congress could regulate interstate commerce 13. While federal power grew during this early period, via these court decisions, the issue of slavery and subsequent Dred Scott v. Sandford decision focused attention back on the states’ rights arguments. a. Civil War and the Civil War Amendments Congress could prevent states from denying people equality, but it could not prevent private businesses or individuals from doing so. 14. What is the difference between Dual federalism and Cooperative/Shared federalism? a. Which better exemplifies the relationship between the national government and state governments today?