Federalism Reading Questions

On August 30, 2018, in Uncategorized, by lwaddell

Answer the following questions and turn in at the end of the period.

The Merits of the Federal System

1. Bryce points out that none of these political mechanisms would be successful without moral and material influences: the love of self-government and a “sense of community in blood, in language, in habits and ideas, a common pride in the national history and the national flag.” Is he right? Are these factors more important than the mechanism established under the Constitution, and are they still important? Are they still realistic assessments of the American populace?

2. Bryce notes that federalism allows local governments to experiment in legislation and administration without risking the fate of the nation as a whole. Is this kind of separation necessarily good? Does Bryce overlook many of the costs of federalism?

Gonzales v Raich

1.  Who did the Supreme Court defer to?

2.  What two clauses were cited in this case?  Explain both clauses and how the court used the clauses in their ruling.

McCulloch v Maryland

1.  What were the principal arguments used by Chief Justice Marshall to justify the extension of congressional power to include the power to incorporate a bank, even though the words “bank” and “incorporation” are nowhere to be found in the text of the Constitution?

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