1. What is federalism?
Define what federalism is and the key role it plays in dividing power between national and state governments.
2. What does the Tenth Amendment do?
Discuss how the Tenth Amendment ensures that the states or people retain any power not granted to the federal government.
3. How does the Constitution divide up power between federal and state governments?
Describe the enumeration of powers in the Constitution and how that gives shape to the system of federalism.
4. What are enumerated powers and where in the Constitution can they be found?
Specifically describe powers granted to the federal government through Article I, Section 8.
Read Also:
- https://legalpulse360.com/10-questions-about-equal-protection-under-the-law-answered/
- https://legalpulse360.com/6-common-questions-about-constitutional-checks-and-balances/
- https://legalpulse360.com/8-frequently-asked-questions-about-the-role-of-legislatures/
5. What are implied powers and how is this justified?
Use the Necessary and Proper Clause in explaining how this allows the federal government to have powers not mentioned in the Constitution.
6. How does the Supremacy Clause impact balance of power?
Review the Supremacy Clause (Article VI, Clause 2) which makes federal law superior to the law of states.
7. What is the Commerce Clause? How has the Supreme Court construed it?
Compare and contrast Commerce Clause and expansive judicial interpretation whereby the Supreme Court has authorized vast areas of Federal regulation
8. What’s the Necessary and Proper Clause, and what does it do?
Discuss how this provision grants flexibility to federal powers and impacts the scope of federal power.
9. How have interpretations of federalism changed?
Examine changes in interpretations from dual federalism to cooperative federalism and new trends.
10. What is dual federalism?
Describe the principle of dual federalism whereby state and federal governments have specific and different domains.
11. What is cooperative federalism?
Discuss the age of cooperative federalism where both state and federal governments cooperate in finding solutions.
12. What is the role of the federal courts in settling federalism disputes?
Explain how courts, particularly the Supreme Court, interpret and apply the principles of federalism in resolving state-federal conflicts.
13. How does the doctrine of preemption impact state law?
Define preemption and how the federal law supersedes the state law when they are in tension.
14. Limitations of State Power with regard to Federal
Discern areas where the states can’t exert their power over federal. State can’t conduct international relations or strike currency.
15. Full Faith and Credit Clause: Support for Federalism
Discuss how the Full Faith and Credit Clause (Article IV, Section 1) guarantees that states respect and implement each other’s laws and judgments.
16. What are the privileges and immunities of citizens under Article IV?
Explain how the Privileges and Immunities Clause prevents states from discriminating against citizens of other states.
17. How does the doctrine of states’ rights shape the debate over federalism?
Examine the historical and contemporary debates around the scope of states’ rights vs. federal power.
18. In what way have the decisions of the Court on the meaning of the Fourteenth Amendment transformed federalism?
Research how the Equal Protection and Due Process Clauses of the Fourteenth Amendment have been wielded to broaden federal authority over the states
19. How important is spending power in the theory of federalism?
Discuss how Congress’s power to tax and spend (Article I, Section 8) is used to influence state behavior through federal grants.
20. How do state sovereignty and the principle of federalism interact with modern regulatory challenges?
Analyze how contemporary issues such as healthcare, environmental regulation, and education have highlighted the tensions between federal and state powers.
