GED Social Studies TestCivics and GovernmentMedium
An advocate group is challenging a newly enacted federal law, arguing that it oversteps the powers granted to the national government by the Constitution and infringes upon rights traditionally reserved for the states. They plan to argue their case in federal court. This dispute fundamentally involves which principle of American government?
- AJudicial Review
- BFederalism
- CDue Process
- DRule of Law
Show answer & explanationAnswer & explanation
Correct answer: B. Federalism
The scenario describes a conflict over whether the federal government has exceeded its powers and infringed upon powers reserved for the states. This division of power between the national and state governments is the essence of federalism.
Why the other options are wrong
- A. Judicial Review is the power of courts to determine if laws are constitutional, which might be applied in this case but isn't the fundamental principle being disputed.
- C. Due Process ensures fair treatment through the normal judicial system, relevant to individual rights but not the core issue of federal vs. state power.
- D. Rule of Law means that all individuals, including government officials, are subject to and accountable under the law, which is a general principle, not specific to this power dispute.
Federalism
A system of government in which power is divided by a constitution between a central (federal) government and regional (state) governments.
- Ensures both national unity and local autonomy.
- Powers are either delegated (to federal), reserved (to states), or concurrent (shared).
- Tenth Amendment reserves powers to the states.
- Can lead to disputes over jurisdiction.
Memory trick: Federalism divides power between federal and states.