Portrays the states as powerful components of the federal system in some ways

Portrays the states as powerful components of the

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Portrays the states as powerful components of the federal system in some ways, the equals of the national government . Of primary importance are states’ rights. States’ rights: the idea that all rights not specifically conferred on the national government by the U.S. Constitution are reserved to the states. Cooperative Federalism: a view holding that the Constitution is an agreement among people who are citizens of both state and nation, so there is much overlap between state powers and national powers. Acknowledges the increasing overlap between state and national functions and rejects the idea of separate spheres, or layers, for the states and the national government. The national and state governments do not act in separate spheres; they are intermingled in vertical and diagonal strands and swirls. Coercive Federalism: a view holding that the national government may impose its policy preferences on the states through regulations in the form of mandates and restraints. Parts of the Constitution that separate national and state powers (Supremacy Clause, Interstate Commerce Clause, Full Faith and Credit Clause, 10th Amendment). Supremacy Clause: a clause in Article VI of the Constitution that asserts that national laws take precedence over state and local laws when they conflict. Asserts that when the Constitution, national laws, and treaties conflict with state or local laws, the first three take precedence over the last two. Interstate Commerce Clause: Interstate commerce: refers to the purchase, sale or exchange or commodities, transportation of people, money or goods, and navigation of waters between different states. Regulated by the federal government as authorized under Article I of the Constitution. Commerce Clause: the third clause of Article I, Section 8, of the Constitution, which gives Congress the power to regulate commerce among the states. Was a major factor that increased the national government’s power. Full Faith and Credit Clause: 10th Amendment: reserves for the states or the people powers not assigned to the national government or denied to the states by the Constitution. Says that the powers not delegated to the United States nor prohibited to the states, are “reserved to the States respectively, or to the people.” Protects other powers for the states. McCulloch vs. Maryland . The Court was asked to decide whether Congress had the power to establish a national bank and, if so, whether states had the power to tax that bank. In a unanimous opinion, the Court conceded that Congress had only the powers conferred on it by the Constitution, which nowhere mentioned banks. However, Article I granted Congress the authority to enact all laws “necessary and proper” to the execution of Congress’s enumerated powers.
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  • Spring '17
  • Government, United States Congress, ​ immunity

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