PAGE TWO, UNIT ONE
b. Federalism & the American Constitutional System
The Nature of Federalism:
(1) What is FEDERALISM? What are its characteristics?
Cite examples of federal systems in the world today.
[46]
(2) What is a UNITARY SYSTEM? How does a unitary system,
or unitary state, differ from a federal system? Cite
examples of unitary systems in the contemporary era.
[47]
(3) What is a CONFEDERATION? How does it differ from a
federation, or federal system? Cite an important ex-
ample of a confederation in U.S. constitutional his-
tory? Cite a contemporary example of a confederation.
(4) In drafting the U.S. Constitution in 1787, why did the
Constitutional Convention provide for a federal sys-
tem, rather than a confederation or unitary system?
[47]
American Federalism--Its Formal Constitutional Structure:
(1) Describe the formal constitutional framework of
America's federal system of government. That, is
describe the formal constitutional power relationship
between the national government and the 50 member-
states of the American federal union, or federation.
Under the U.S. Constitution, what powers belong to the
national government? In what sense is the national
government supreme? What powers belong to the states?
Are any powers constitutionally denied, or prohibited,
to one or both levels of government. Explain. [49]
[Also: U.S. Constitution, Tenth Amendment]
(2) What is meant by "the delegated powers"? What is
meant by "the express powers," or "the enumerated pow-
ers"? What is the NECESSARY AND PROPER CLAUSE? [49 &
52][Also: U.S. Constitution, Article I, Section 8,
Clauses 1-18, & Tenth Amendment]
(3) What are the "inherent powers" of the U.S. national
government? How do they differ from the delegated
powers? [49 & 52]
(4) What four constitutional pillars have made possible
enlargement of the functions of the national govern-
ment? What is the significance of this expansion of
national governmental functions? [50]
(5) What is the NATIONAL SUPREMACY CLAUSE? What does the
clause mean, as regards the scope of the national gov-
ernment's authority? How does the clause restrict the
authority of the states? [50] [Also: U.S. Constitu-
tion, Article VI, paragraph 2]
(6) What is meant by "the war power," or "the war powers"?
Under the War Powers Clauses in the U.S. Constitution,
what is the scope of the authority of the national
government? [50] [U.S. Constitution, Article I, Sec-
tion 8, Clauses 11-16]
(7) What is the COMMERCE CLAUSE? What formal constitu-
tional power does it grant, or delegate, to the U.S.
Congress? Under this clause, how has the power of
Congress been expanded to include authority to regu-
late virtually all aspects of the American economy?
Can the COMMERCE CLAUSE be used to justify and uphold
congressional legislation that goes beyond economic,
or commercial, matters? Explain. Cite and explain an
example. [50-51] [Also: U.S. Constitution, Article
I, Section 8, Clause 3]
(8) What is the TAX CLAUSE? How has this clause been
used to expand the power of the national government?
How may Congress enact legislation to promote the
"general welfare," or "common good"? How may Congress
regulate activities which it lacks the constitutional
authority to directly and formally control by law?
Cite and explain examples. What are "federal man-
dates"? [51] [Also: U.S. Constitution, Article I,
Section 8, Clause 1]
(9) What are "reserved powers," or "residual powers"?
Cite examples of the reserved powers. What are the
"concurrent powers," or "shared powers"? Cite exam-
ples of the concurrent powers. In general, what may
the states do under the concurrent powers? How is
state authority limited under the concurrent powers?
[51-52] [Also: U.S. Constitution, Tenth Amendment]
(10) Under the concurrent powers, who decides whether a
matter requires uniform national regulation or whether
state action on a matter might place an undue burden
on interstate commerce? What is the role of Congress?
What is the role of the U.S. Courts? When Congress is
silent or does not clearly state its intentions in na-
tional legislation, which governmental organ or organs
decide whether a state governmental action is in con-
flict with the U.S. Constitution or whether the na-
tional government has, by law or regulation, PREEMPTED
the field of activity? [52]
(11) In order to make federalism work, what powers does the
U.S. Constitution prohibit the states from exercising?
[52] {Also: U.S. Constitution, Article I, Section 10]
(12) In order to make federalism work, what restraints, or
limitations, does the U.S. Constitution impose on the
national government? What are the constitutional ob-
ligations of the national government to the states?
[52-53] [Also: U.S. Constitution, Article 9, Clauses
5 & 6, and Article IV, Sections 3 & 4]
(13) What is the role of Congress in enforcing the federal
constitutional requirement that the national govern-
ment guarantee to each state a "republican form of
government"? [53]
(14) What is the role of the President in carrying out the
federal constitutional requirement that the central
government protect each state from "domestic violence"
(domestic insurrection, or internal rebellion)? How
did the President acquire this role? [53]
(15) What is the FULL FAITH AND CREDIT CLAUSE? What does
it require each state to do? Does this requirement
apply to state criminal law? Explain. [53] [Also:
U.S. Constitution, Article IV, Section 1]
(16) What is required of each state by the PRIVILEGES AND
IMMUNITIES CLAUSE in Articvle IV? What restrictions
does this clause impose on state authority? [53]
[Also: U.S. Constitution, Article IV, Section 2]
(17) What is EXTRADITION? What is the EXTRADITION CLAUSE?
What obligation does this clause impose on the states?
How has Congress supplemented this constitutional ob-
ligation? [53] [Also: U.S. Constitution, Article IV,
Section 2]
(18) Under the U.S. Constitution, how must the states set-
tle their disputes with one another? What is an IN-
TERSTATE COMPACT? What is required for an interstate
compact to go into effect? Once such a compact goes
into effect, is it binding? Explain. Cite examples
of matters covered by interstate compacts. [54-55]
The United States Courts as Umpires of Federalism:
(1) What is the role of the U.S. Courts in shaping the
division and distribution of governmental authority in
the American federal system?
(2) In 1819, the U.S. Supreme Court, in the case of MCCUL-
LOCH V. MARYLAND, had its first opportunity to inter-
pret and define the constitutional division of author-
ity between the central government and the states.
What were the facts that resulted in this case being
brought before the U.S. Supreme Court? What was the
role of Luther Martin in the case? Daniel Webster?
John Marshall? In its brief to the Supreme Court,
what argument did the State of Maryland make? What
argument was made by chief counsel for the national
government? What was the decision of the Supreme
Court in the case? What two important constitutional
doctrines did the Court establish? Describe each. On
which clause in the U.S. Constitution was each of
these doctrines based? What is the longterm signifi-
cance of the Supreme Court decision in MCCULLOCH V.
MARYLAND? [55-56]
(3) What is the IMPLIED POWERS DOCTRINE? What is the NA-
TIONAL SUPREMACY DOCTRINE? [55]
(4) What restrictions does the FOURTEENTH AMENDMENT place
on the authority of the states? What impact have mod-
ern judicial interpretations of the Fourteenth Amend-
ment had on the authority of the U.S. Courts to review
the activities of state and local governments? To
what lengths have federal judges gone in reviewing
state and local governmental actions? What important
restriction on this expanded role of the federal
courts did the U.S. Supreme Court impose in a series
of 1999 cases? [56]
(5) What is meant by "preemption," or "federal preemp-
tion"? When are state and local laws "preemted" by
the national government? Cite examples of federal
preemption. In deciding cases in which the question
of preemption is involved, what has been the prevail-
ing tendency or bias of the federal judges? Have
there been recent indications that this tendency or
bias of the federal courts may be shifting? Explain.
Cite examples. [56]
(6) In the ongoing debate over what is the politically
desirable as well as constitutionally valid distribu-
tion of powers, functions, and responsibilities be-
tween the central government and the states, what has
been and still is the position of the "decentralists,"
or "states' righters"? What has been and still is the
position of the "centralists"? Cite past and present
examples of advocates of the decentralist position.
Cite past and present examples of advocates of the
centralist position. [56-58]
(7) Beginning in 1995, the U.S. Supreme Court has rendered
a series of decisions restricting the authority of
Congress to enact federal laws infringing on the re-
served powers of the states. Cite and explain exam-
ples. What is the significance of these decisions?
[58-59]