Ch. 4 Study Guide: Federalism Things to Know… 1. Division of Power: Sec. 1 a. Delegated Powers – powers given by the Constitution i. Expressed powers – enumerated or explicitly mentioned powers (Congressional Powers as listed in Article I, Sec. 8) ii. Implied powers – powers granted, but not specifically mentioned (Necessary & Proper Clause, Art. 1, Sec. 8) b. Inherent Powers – powers that belong to the government because it is a government – no other reason. (e.g. the power to control immigration) c. Reserved Powers – powers that are reserved to the states and not given to the federal government by the Constitution (10 th Amendment) d. Concurrent Powers – powers shared by federal and state government 2. Constitutional bases of Federalism (in order): from notes and Sec. 1 & 2 a. Article 1, Sec. 8.3: Interstate Commerce Clause b. Article 1, Sec. 8.18: Necessary & Proper Clause (elastic clause) c.Article 4: Interstate Relations (know the examples as discussed in class for the sections and clauses below) i. Sec. 1: Full Faith & Credit ii. Sec. 2.1: Privileges & Immunities iii. Sec. 2.3: Extradition
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Ch. 4 Study Guide: Federalism
Things to Know…1. Division of Power: Sec. 1
a. Delegated Powers – powers given by the Constitutioni. Expressed powers – enumerated or explicitly mentioned
powers (Congressional Powers as listed in Article I, Sec. 8)ii. Implied powers – powers granted, but not specifically
mentioned (Necessary & Proper Clause, Art. 1, Sec. 8)b. Inherent Powers – powers that belong to the government because it
is a government – no other reason. (e.g. the power to control immigration)
c. Reserved Powers – powers that are reserved to the states and not given to the federal government by the Constitution (10th Amendment)
d. Concurrent Powers – powers shared by federal and state government
2. Constitutional bases of Federalism (in order): from notes and Sec. 1 & 2a. Article 1, Sec. 8.3: Interstate Commerce Clauseb. Article 1, Sec. 8.18: Necessary & Proper Clause (elastic clause)c. Article 4: Interstate Relations (know the examples as discussed in
class for the sections and clauses below)i. Sec. 1: Full Faith & Credit
ii. Sec. 2.1: Privileges & Immunities iii. Sec. 2.3: Extraditioniv. Sec. 3: New Statesv. Sec. 4: Federal protection against “domestic violence”
*know examples of the above clauses as discussed from class! d. Article 6: Supremacy Clausee. 10 th Amendment: Reserved Powersf. 11 th Amendment: lawsuits among the states
3. Supreme Court Cases:a. McCulloch v. Maryland, 1819b. Gibbons v. Ogden, 1824
c. Heart of Atlanta Motel v. United States, 1964d. South Dakota v. Dole, 1987e. United States v. Lopez, 1995f. Printz v. United States, 1997g. Gonzales v. Raich, 2005
For each of the cases above, define the issue, how the court ruled on the issue, and whether it tips the balance of power toward the federal government or the states. (Cases can be found on http://www.oyez.org)
4. Ohio New Learning Standards Statements (These questions will be worth double the amount of standard questions)
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