COMPREHENSIVE STUDY GUIDE 2026
◉ Federalism
Answer: gives certain powers to the national government, others to
the states, and some to both levels of the government
◉ unitary system
Answer: all authority rests with the national government, which can
distribute the power to local or regional governments
◉ confederations
Answer: all power is in the hands of the states
-US during 1781-1788
◉ What are the 4 key factors to federalism in the US?
Answer: national supremacy
the tenth amendment
the fourteenth amendment
the state constitutions
◉ What kind of power does Article I Section 8 grant congress?
,Answer: enumerated powers- such as: taxing, spending, declaring
war, and regulating interstate commerce.
Also permits congress to do whatever is "necessary and proper" for
these powers^
◉ elastic clause
Answer: whatever is "necessary and proper" because that can be a
very flexible grant of authority
◉ What does Article 6 declare is "the supreme law of the land"
Answer: the constitution and federal law
◉ supremacy clause
Answer: identifies the US constitution as the ultimate athourity
whenever there is a dispute between the national gov and the states
◉ McCulloch v. Maryland (National Supremacy)
Answer: (1819) the US Supreme Court adopted a broad view of the
national gov's powers when it decided that the elastic clause allows
congress to exercise implied powers that are not mentioned
explicitly in the US constitution, but that can be inferred from the
enumerated powers.
=expanded powers of the national gov
,◉ What concern was reflected on in the debate to ratify federalism
and the 12 amendments?
Answer: that the federal gov had too much power
◉ What are the Bill of Rights?
Answer: the 10 amendments that were ratified by the states in 1791
◉ The Tenth Amendment
Answer: the powers are not delegated to the US by the constitution,
nor prohibited by it to the states, are reserved to the states
respectively, or to the people. This amendment grants reserved
powers, but does not define them.
=balancing powers
◉ The Fourteenth Amendment
Answer: (1868) No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the US; nor shall
any state deprive any person of life, liberty, or property without due
process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
-dual citizenship: of the US and the state
◉ Selective Incorporation (14th amendment)
, Answer: (since 1925) the court uses this process to manipulate the
protection offered by the Bill of Rights to US citizens on a case-by-
case basis.
And- congress uses this to restrict state and local power
◉ States adopt their constitutions within the context of:
Answer: national supremacy; enumerated, implied and reserved
powers; dual citizenship; and the 10th and 14th amendment
◉ What kind of power does a state constitution generally not
include?
Answer: implied
◉ What additional power do state constitutions typically include?
Answer: police power
◉ Police Power
Answer: the ability to promote public health, safety, morals, or
general welfare.
-this is among the reserved powers in the US constitution
◉ Some basic differences in the state vs US constitution