2 Federalism Free Online FlashCards

What is federalism?

Federalism divides governing authority between the national government and state governments, each of which has powers of its own.

How do unitary systems and confederations differ?

In a unitary system, the national government holds ultimate governing authority; in a confederation, the central government depends heavily on member states.

What are delegated powers?

Delegated powers are powers assigned to the federal government by the Constitution. Examples include regulating interstate commerce and raising armed forces.

What does the Necessary and Proper Clause allow Congress to do?

The Necessary and Proper Clause lets Congress enact laws that are useful means of carrying out its constitutional powers.

What principle does the Tenth Amendment establish?

The Tenth Amendment reserves to the states or the people powers not delegated to the United States or prohibited to the states.

What is a state's police power?

A state's police power is its broad authority to protect public health, safety, and welfare, including areas such as public education and much criminal law.

What are concurrent powers?

Concurrent powers are powers that both federal and state governments may exercise, subject to constitutional limits; examples include taxing and creating courts.

Where does local government generally get its authority?

Local governments generally derive their governing authority from their state, not directly from the federal Constitution.

What does the Supremacy Clause establish?

The Supremacy Clause makes the Constitution, valid federal laws, and treaties the supreme law of the land.

What is preemption?

Preemption occurs when a valid federal law conflicts with state law and takes precedence over it.

What limits the supremacy of federal law?

Federal supremacy applies only when the federal government acts within its constitutional authority; it does not give Congress unlimited power to legislate.

What does the anti-commandeering principle generally prohibit?

The anti-commandeering principle generally bars Congress from ordering state legislatures to enact federal programs or requiring state executive officials to administer them.