Federalism review



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FEDERALISM REVIEW

  1. Define three ways of ordering relations between a central government and regional or local governments

  2. Describe the historical arguments for and against federalism in the United States.

  3. Identify and explain the division of powers between the national and state governments in the American federal system:

    1. National powers

      1. expressed

      2. implied

      3. inherent

    2. State powers

      1. reserved

      2. police power

    3. Concurrent powers

    4. Prohibited Powers: powers denied by the Constitution

  1. Explain the Elastic, or Necessary and Proper, Clause and the supremacy clause.

  2. Explain the role of the 10th Amendment in preserving federalism.

  3. Explain the obligations states have to each other- vertical checks and balances.

  4. In what ways are the states more “democratic” than the federal government



  1. Explain the Constitutional questions posed in McCulloch v. Maryland and Gibbons v. Ogden.

  2. Explain the importance of the commerce clause- interstate relations.

  3. Explain the impact of the Civil War on federalism.

  4. Explain the rights granted by the Civil War amendments, and their impact on federalism ( Bill of Rights to the states; civil rights).

  5. Describe dual federalism as it evolved after the Civil War.

  6. Explain how dual federalism was replaced by cooperative federalism and the end of SCOTUS resistance (court-packing scheme).

  7. Explain the tools of cooperative federalism, including categorical grants and block grants.

  8. Describe the impact of federal mandates on state and local governments.

  9. Explain why conservatism has been associated with states’ rights and how the national government has been a force for change.

  10. Explain the “New Federalism” adopted since the 1970s by the Republican Party.

  11. Explain how selective incorporation and nullification demonstrate tension within the federal system

  12. Explain recent Supreme Court rulings and state affecting federalism (Lopez, Morrison, Dole, Alden, Printz, Obamacare)

  13. Explain recent State legislation that affects federalism (Marijuana, Same-sex Marriage, Abortion)


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