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Midterm Review Chapter 2
Terms in this set (11)
is the most obvious feature of the U.S. system of governance; it refers to the division of responsibility between the national government in Washington, D.C., and state governments.
a legal doctrine holding that federal and state governments have distinct spheres of responsibility, and that each is sovereign within its sphere.
National Government Responsibilities (Dual Fed.)
1. Defense and foreign policy
2. Regulation of currency
3. Interstate trade
State Government Responsibilities (Dual Fed.)
1. Property laws
2. Civil rights
3. Basic services
Layer Cake Federalism-
No interaction between any level of government.
McCulloch v. Maryland
Can Congress charter a bank? To the the first question, the Court used the interstate commerce clause in conjunction with the necessary and proper clause to argue Congress did have the authority to create a bank.
Can Maryland tax a bank? Thus, Maryland could not tax the bank, because the supremacy clause makes federal law the "supreme law of the land" and "the power to tax is the power to destroy."
National Labor Relations Board v. Jones & Laughlin Steel Corporation
Was the National Labor Relations Act consistent with regulating interstate commerce? The Court argues that in-state commercial activities like manufacturing may be deemed part of interstate commerce if those activities have a "close and substantial relationship" to interstate commerce.
Since collective bargaining is "an essential condition of industrial peace," the federal government has the right to penalize companies that "refuse to confer and negotiate" with their workers.
is a form of federalism in which national and state governments work together to provide services efficiently. This form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility in the national-state relations.
Marble Cake Federalism-
interactions between the levels of government are common.
United States V. Lopez
Is the Gun-Free School Zones Act constitutional under the commerce clause? Ultimately, the court ruled the GFSA did not "substantially affect interstate commerce," because of two arguments: (1) the act did not force unlawful possession to be related to interstate commerce and (2) Congress presented no hard evidence proving a substantial relationship. Instead, they only posited "tenuous theories" about how violence in school injures the national economy. This was simply not enough.
N.F.I.B. v. Sebelius
Can Congress require individuals to carry health insurance under the commerce clause? No, but the Act is not justified under the commerce clause. Instead, the individual mandate is a "tax" since it creates commerce through forcing activity where none was before. Here, the Court creates a "substance and application" test to argue that even though the individual mandate was not called a "tax" it functioned as such within the legislation.
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