How does the Tenth Amendment to the Constitution limit the power of the federal government quizlet?
Terms in this set (25)Federalism A system in which power is divided between the national and state governments significance: The founders created a federal system in our government which requires powers to be shared between the multiple levels of government...in America, between the national and state governments. This idea came from Montesquieu and called upon a division of powers to avoid tyranny. Although federalism is merely implied in the constitution it is expressed in the BoR (10th Amendment) expressed powers powers directly stated in the constitution significance: The founders granted the government some specific powers which are expressly written in our founding document, the Constitution, and they are essential in order to keep our country running smoothly. Also, any powers that are not written in the document, according to the 10th amendment, are left to the states and the people which helps avoid the central government gaining ultimate power. delegated powers Constitutional powers granted solely to the federal government. significance: Some powers had to be given to only the national government in order to keep all the states united. For example, the National Government has the power to coin/print money. If this power was not given solely to the central government, then some/all the states would have their own form of currency which would complicate trade. These powers are necessary in order to keep the many states unified. implied powers Powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers. significance: the implied powers are important because they allow the government to go beyond the written clauses of the constitution as needed. Since not every single power of the national government could have been decided while the constitution was being written, the Necessary and proper clause was written which allowed the government to take any actions it felt were completely necessary and proper. inherent powers powers that belong to the National Government because it is a government of a sovereign state within the world community significance: These such powers are granted to any country/sovereign state as members of the world community and they could not be controlled by the founders, and they exist solely because the United States exists. These powers allow any country/sovereign nation to protect its borders, or to give/refuse diplomatic recognition of other nations, etc. reserved powers Powers not specifically granted to the federal government or denied to the states belong to the states and the people significance: In the 10th Amendment, the founders set aside powers which were reserved for the states/people. Since most of the constitution focused on the powers of the federal government, this amendment put emphasis on the division of powers guaranteed by a federal system. concurrent powers Powers held jointly by the national and state governments. significance: Since a federal system of government calls for multiple levels of government, one challenge is making it possible for each level to function at the same time. Concurrent powers allow the different levels of government to not only divide the powers among each other, but also share certain powers in order for both levels to run successfully. Article I Section VIII: Necessary and Proper Clause "Elastic Clause" gives the government to take actions/ create laws that they find to be necessary and proper significance: This clause allows government to "stretch" their powers past those expressed in the constitution. This clause can cause complications when deciding if a certain power is implied for the national government or reserved for the state governments. Supremacy Clause Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. significance: The founders needed a way to settle differences between states or disagreements between the states and the national government, so they made the national/federal law and the laws of the constitution supreme over the rest. This clause also aides the supreme court because their job is to decide the constitutionality of certain laws/acts. Since the Constitution is made the supreme law of the land, then nobody can challenge a law once it has been confirmed to be constitutional (or not) by the SC. Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. significance: This amendment helps limit the powers that can be claimed by the federal government because if it is not expressly written in the constitution then they do not have such authority, instead it is up to the states to exercise those powers.this amendment therefore helps the cause of federalism and guarantees that some power is left for the states ex post facto laws A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws. significance: The prohibition of these laws is important because if someone commits an act that was not illegal at the time and then after it is made illegal they are charged for it, it is unfair to that citizen and a violation of their rights. Full Faith and Credit Clause Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state significance: This clause can cause difficulties in our federal system because federalism allows each state to make certain laws and this clause requires that the others respect such acts. The interpretation of this constitutional requirement raises the question: If something is legal/illegal in one state shouldn't it be in all states? Privilages and Immunities Clause A clause in Article IV, Section 2, of the according citizens of each state most of the privileges of citizens of other states. significance: Since people are allowed to freely travel in and out of any of the 50 states, there needs to be certain rights that are guaranteed and protected for residents and non-residents. This clause ties with the Supremacy clause because sometimes national law presides over state laws when multiple states are involved Extradition A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed. significance: This process is significant especially when dealing with state's rights because there is a definite possibility that the laws in the state where a crime was committed could be different than the laws of the state where the criminal lives. Therefore, this process could be used in the favor of the criminal or the prosecutor depending on the laws of the states involved Interstate Compact An agreement among two or more states. Congress must approve most such agreements. significance: Interstate compacts are significant because they could be beneficial or dangerous depending on the circumstances. Congressional approval is essential to make sure these compacts are solely beneficial and do not threaten the peace and stability of the country. McCulloch v. Maryland (1819) A
landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having
specifically targeted the U.S. Bank. Gibbons v. Ogden (1824) Allows federal control of interstate commerce under commerce clause of the Constitution. significance: Continues separation of state and federal government. Deals with federalism because it gave more expressed power to the central government and took some power away from the states. Sixteenth Amendment The constitutional amendment adopted in 1913 that explicitly permitted Congress to levy an income tax. Significance: Again, this addition to the Constitution gave the central government more power and took some from he states. This amendment also created more government involvement in people's lives which was something the founders wanted to avoid as much as possible. Coercive Federalism a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding) significance: This form of federalism takes away from the original intent of the framers who wanted a federal system that would give as much power to the states as possible, but when the Central Government controls something as important as the budget, it is hard to give the states as much, if not more, power than the federal government
Cooperative Federalism A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. significance: Cooperative federalism fits more of the criteria that the founders wished to meet while creating our government. This form of federalism emphasizes shared powers which was a popular idea in the founding of our government and is found in the concurrent powers. Categorical grants states being granted money by the federal government for specific purposes significance: Giving money to specific causes can help keep federal spending in check and make sure money is going into places where it is necessary. These grants allow us to keep track of he specific projects we are using our money for. Block grants Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services significance: Since this money is used for a broader range of activities it can be spread out within a certain area depending on how it is needed. Unfunded mandate actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required. significance: This is another example of the supremacy of national law and coercive federalism. It is the federal government exercising the powers it has over the states. These mandates also require the states to use their concurrent power to levy taxes because the only way they can come up with the money to meet the requirements of the mandate is to tax the citizens Devolution A movement to transfer the responsibilities of governing from the federal government to state and local governments. significance: In the effort of devolution there is also an effort to preserve federalism and the guarantees of the 10th amendment (reserved powers to the states/people) Seventeenth Amendment 1913 constitutional amendment allowing American voters to directly elect US senators significance: This amendment is a definite example of federalism and an attempt of devolution. By electing senators directly by people of the state, the state and its citizens are re-gaining power and it creates a more direct democracy in electoral politics.
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The powers not delegated to the United States by the Con- stitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
How do the Tenth Amendment and federalism limit the power of the federal government quizlet?10th amendment-states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved, respectively, to the states or the people.
How does the Tenth Amendment affect the distribution of power between the states and federal government quizlet?How does the Tenth Amendment affect the distribution of power between the states and federal government? It reserves power to the states if not granted to the national government.
Why is the 10th Amendment important quizlet?significance: In the 10th Amendment, the founders set aside powers which were reserved for the states/people. Since most of the constitution focused on the powers of the federal government, this amendment put emphasis on the division of powers guaranteed by a federal system.
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