Federalism: United States Constitution and National Government Essay

Submitted By tamshcc1965
Words: 1740
Pages: 7

Federalism Roe vs Wade

1.What is a federal system?
A federation or federal system is a political system that divides power between a central government, with authority over the whole nation, and a series of state governments
2.What are the advantages and disadvantages of a federal system?
•It allows states to take different approaches to problems, essentially becoming laboratories of democracy. Approaches that work in one state can be tried in other states.
•It gives local officials, who are closest to the people, the discretion to solve problems.

And federalism has its disadvantages:
•It ensures a lack of uniformity in policy approaches.
•Travelers, business people, and professional encounter a hodgepodge of regulations and requirements as they travel, do business, or move from state to state.
•It allows state officials the leeway to adopt discriminatory policies against minorities.
•States would have an incentive compete to attract the wealthy and drive away the poor, in a “race to the bottom.”
3.What are the delegated powers? What are some examples?
The powers explicitly granted to the national government by the Constitution are known as the delegated powers. In Article I, Section 8, the Constitution lists the delegated powers given to Congress. They include the following:
•Congress has the power of the purse. It can tax, spend, borrow, and repay debt.
•Congress has powers for promoting economic development. It can regulate commerce, coin money, grant copyrights and patents, and enact bankruptcy laws.
•Congress plays a role in defense policy and foreign affairs by declaring war, raising and supporting an army and maintaining a navy, and ratifying treaties.
4.What is the relationship between the necessary and proper clause and the implied powers?
The Necessary and Proper Clause or the Elastic Clause is found at the end of the delegated powers. It is the constitutional provision found in Article I, section 8 that declares that "[Congress shall have the power] to make all laws which shall be necessary and proper for carrying into execution the foregoing powers,and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof." It is the basis for much of the legislation passed by Congress because it grants Congress the means to exercise its delegated authority. For example, the authority to raise an army is a delegated power because it is explicitly given to Congress. The authority to draft men into the military is an implied power. The implied powers are the powers of Congress not explicitly mentioned in the Constitution but derived by implication from the delegated powers.
5.What does the Supremacy Clause indicate about the relationship between the national government and the states?
The Supremacy Clause is the constitutional provision that declares that the Constitution and laws of the United States take precedence over the constitutions and laws of the states.
6.What is the full faith and credit clause?
The Full Faith and Credit is the constitutional provision requiring that states recognize the official acts of other states, such as marriages, divorces, adoptions, court orders, and other legal decisions.
7.What is the privileges and immunities clause?
The Privileges and Immunities Clause is the constitutional provision prohibiting state governments from discriminating against the citizens of other states. For example, states may not prohibit the citizens of other states from traveling through their states or owning property. States may, however, prohibit the citizens of other states from voting in their elections and force their students to pay out-of-state tuition.
8.What is extradition? extradition is the return from one state to another of a person accused of a crime.
9.What is the Tenth Amendment? What are residual powers?
The most famous guarantee to states in the Constitution is the Tenth Amendment. It reads as follows: