Module 6: Federalism- What makes a federal system, like that of the United States, different from a confederacy and unitary national government? It is not a confederation because the federal government has authority over individual persons (rather than over the state governments) and because the state governments do not have ways to exert tight control over the federal government. It is not a unitary national government because the states have areas of exclusive authority(“reserved powers”) that cannot be altered without constitutional amendment and becausethe geographic boundaries of each state cannot be altered without the consent of states.- What is judicial review? Authority of courts to decide whether an act of government is constitutional or unconstitutional.- Why has it been important for the development of federalism over time? Because when the U.S. Supreme Court declares a government action or law unconstitutional, all lower courts and government officials in the country (both federal and state) are understood to have a duty to abide by that ruling. Thus, the constitutional rules that define federalism in the United States can normally be found either in the text of the U.S. Constitution or in Supreme Court decisions.- Make sure to understand how the Article VI Supremacy Clause and Tenth Amendment help to define American federalism? The Article VI Supremacy Clause establishes that all federal laws including those of the U.S. Constitution, congressional statutes, executive orders, and treaties—are supreme over state and local laws. Owing to the Supremacy Clause, if a state law is in conflict with a valid federal law or treaty, the state law is invalid.Tenth Amendment: The authority of the federal government is limited to only those legal "powers" that are "delegated" to it by the U.S. Constitution. This means that the federal government, although supreme within its sphere of authority, has a limited sphere of authority.Congress Delegates Powers in two basic ways: Enumerated Powers Is a specific powers that are explicitly listed in the Constitution. Implied Powers is a powers that are implied by the text of the Constitution but not specifically listed in it. This means that Congress has authority to make laws that are "necessary and proper" for executing the enumerated powers.-Unless the U.S. Constitution (or a state's constitution) prohibits a state from exercising a particular power, then the state is presumed to have that power. The Tenth Amendment is the constitutional basis for the idea that states have certain "reserved powers."- 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 powers listed? Article 1, Section 8 of the Constitution- What is the Necessary and Proper Clause? This means that Congress has authority to make laws that are "necessary and proper" for executing the enumerated powers.- What are “amendment-enforcing provisions”? Provisions of six constitutional amendments (13th, 14th, 15th, 19th, 23rd, and 26th) thatgrant Congress authority ("with appropriate legislation") to enforce the rights guaranteedby the amendments.- How are they sources of implied powers? With the Necessary and Proper Clause, these amendment-enforcing provisions are the major sources of the federal government's implied powers.- 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.)? Refers to the idea that a government has inherent authority to make laws and regulations in order to promote the health, safety, welfare, and morals of the people. - What does it have to do with the constitutional law of American federalism? State governments have the police power whereas the federal government does not.Federal government does not have inherent police power. Instead, the federal government only has the authority delegated to it (explicitly or implicitly) by the Constitution.- Are there any constitutional limits on the police power of the state governments? Althoughstates may enact laws to promote the health, safety, welfare, and morals of the people...they may not in the process violate constitutionally-protected civil liberties or civil rights.- What advantages of forming unions (like the European Union or the U.S. union) are pointed to by pro-unionists? -Peaceful resolutions of conflicts- Economic Efficiency and Prosperity (forging of fair and mutually beneficial economic arrangements)- Free-movement (immigration policies)- Enjoyment of gains from cooperation- What disadvantages do anti-unionists (e.g., secessionists) point to? -Loss of autonomy and self-determination that comes from being a member of a union- Make sure to understand the five kinds of arguments (discussed in the textbook) made in favor of greater national government power? 1. Preserving the Union: the union is the basis of peace, prosperity, cooperation, and so on, it follows that a strong national government (and weak,subordinated states) is necessary for all of those benefits.2. Creating Uniformity: businesses seeking to expand beyond a single state can benefit when regulatory standards are the same from state to state. Instead of spending time and money figuring out how to comply with regulations in each state, businesses can simply learn the single uniform national standard and then devote its scarce resources toward innovation, production, and service.3. Providing National Public Goods: Proponents of a strong national government contend that the national government is more likely than state governments to identify and provide nation-wide public goods. The states are too selfish and try to free-ride public goods on their own.4. Protecting Minority Rights: When left to themselves, state governments established and maintained an oppressive system of racial segregation. 5. Preventing "Races to the Bottom": State economies (and politicians' reelection prospects) can be severely damaged if large business corporations decide to relocate their headquarters and/or large manufacturing factories to other states—since this could potentially result in the lossof hundreds or thousands of jobs. This means that businesses can use the threat of exit as a way to get the state governments to enact policies favorable for them but that are against