POLS 1101: American Government (Fall 2017)Dr. Michael EvansStudy Guide for Exam 2 Chapter 5: Federalism- What makes a federal system, like that of the United States, different from a confederacyand unitary national government? o Federal  Powers are divided and shared between state and national government o Confederacy  States are given as much autonomy and independence as possible, and thefederal government is held accountable to the state government o Unitary  States have no reserved powers; national government has the authority toalter states legal powers and redraw state boundaries - What is judicial review? Why has it been important for the development of federalismover time?o Authority of courts to decide if acts of government are constitutional o Solves questions about the scope and limits of federal and state government legalauthority. - Make sure to understand how the Article VI Supremacy Clause and Tenth Amendmenthelp to define American federalism.o Supremacy clause states that federal laws are supreme over state and local laws o Tenth Amendment says that the authority of the federal government is limited toonly those legal powers that are delegated by the Constitution, and the powers notdelegated are reserved to the states. - The U.S. Constitution “delegates” powers to the federal government in two ways:through enumerated powers and implied powers. Where in the Constitution are most of Congress’ enumerated powerslisted?- Article I, section 8  What is the Necessary and Proper Clause? What are “amendment-enforcing provisions”? How are the sources of implied powers?- Congress has authority to make laws that are necessary and properfor executing the enumerate powers - Provisions of 6 constitutional amendments o 13, 14, 15, 19, 23, 26 that great Congress authority toenforce the rights guaranteed by the amendments o What are “reserved powers”? Areas of public policy over which only state governments have authority - What is meant by “the police power”? (HINT: It is not about police officers.) What doesit have to do with the constitutional law of American federalism? Are there anyconstitutional limits on the police power of the state governments?o Authority of government to make laws and regulations to promote the health,safety, welfare, and morals of the people. Reserved to state governments o It reserves power to the states - What are advantages of forming unions (like the European Union or the U.S. union)pointed to by pro-unionists? What disadvantages do anti-unionists (e.g., secessionists)point?o Pro-unionist  Governments can relate to each other through political and legalprocesses; less violence can better achieve mutually beneficial economicarrangements, immigration policies, and environmental pollution controls. o Anti-unionist  Loss of autonomy and self-determination - Make sure to understand the five kinds of arguments (discussed in the textbook) made infavor of greater national government power and the four types of arguments made infavor of less national government power.o Greater national government power  Preserving the union  Creating uniformity  Providing national public goods  Protecting minority rights  Preventing races to the bottom - Nation government can impose higher standards. o Less national government power  Protects liberty  Accommodates diverse values and interest across the country  Easier to experiment public policy  Fosters democratic citizenship - Generally speaking, has the power and authority of the national government increased ordecreased over time?o increased- What impact did each of the following have in the development of federalism during theProgressive Era?:o The Supreme Court’s doctrine that the regulation of economic production is apower reserved exclusively to the states. Made it unconstitutional for the federal government to stop monopolies,child labor, and use its taxation powers to remedy social evils. o 16th, 17th, 18th, and 19th Amendments  16th - Allowed congress authority to tax income in any manner itchooses; resulted in the government deriving majority of itsrevenue from income taxes and let federal government use thepower of the purse to control state governments  17th - Stripped state governments of their control over who served in theSenate; interests of the state governments no longer hadrepresentation in Congress 18th and 19th - Set national standards that had before been left up to the states. - In 1937, in upholding New Deal programs, the Supreme Court offered a revolutionarynew interpretation of the Constitution, which had the effect of granting the federalgovernment extensive authority to regulate the economy and enact the modern welfarestate. Make sure to know and understand …o what “the substantial effects doctrine” is, how it replaced the older way ofinterpreting the Commerce Clause, and why this matters for the federalgovernment’s authority to regulate the economy; Gave the federal government authority to regulate any economic activitythat has substantial effect on interstate commerce  Reinterpreted Commerce Clause by saying if any economic activity wasexpected to affect commerce among the states, the federal governmentcould regulate it  Increased governments authority to regulate most aspects of the economy o how the Court interpreted the spending clause—which says Congress has powerto tax and spend “to promote the general welfare”—in such a way as to allow forSocial Security and other welfare state programs; and  Congress has the authority to decide for itself where to draw the linebetween what constitutes providing a benefit versus spending for thegeneral welfare. - Congress could spend for the general welfare to provide benefits toparticular groups if Congress believed doing so would alleviate asocial problem on a national scope. o how liberals, conservatives, and libertarians agree and disagree over the legacyand value of the New Deal concerning the development of the federalgovernment’s power and authority.  Liberals - Believe it was wise and proper and regret that it didn’t go furtherin securing