federalism

Enumerated powers

Powers specifically granted to the federal government by the Constitution, primarily found in Article I, Section 8 (e.g., power to tax, coin money, regulate commerce).

Necessary and Proper Clause

clause in Article I, Section 8, giving Congress the power to make all laws "necessary and proper" for carrying out its enumerated powers (also called the Elastic Clause).

Implied Powers

Powers not explicitly stated in the Constitution but inferred from the Necessary and Proper Clause to carry out enumerated powers.

Article I, Section 8

lists the enumerated powers of Congress, such as the power to tax, coin money, and regulate commerce as well as necessary and proper clause

Article I, Section 9

It limits the powers of Congress by listing actions it cannot take, and prohibiting bills of attainder and ex post facto laws.

Article I, Section 10

It restricts the powers of the states (e.g., states cannot coin money, enter treaties, or pass ex post facto laws).

Bills of attainder

law that punishes a person or group without a trial; prohibited by the Constitution.

Ex Post Facto Laws

law that makes an act illegal after it was committed; prohibited by the Constitution.

The Writ of Habeas Corpus

A court order requiring that a person in custody be brought before a judge to determine if their detention is lawful; cannot be suspended except in emergencies.

Reserved Powers

Powers not given to the federal government and not prohibited to the states, thus reserved for the states (10th Amendment).

Privileges and Immunities Clause

Found in Article IV, it prevents states from discriminating against citizens of other states.

Full Faith and Credit Clause

Requires states to recognize the public acts, records, and judicial proceedings of other states (Article IV, Section 1).

Concurrent Powers

Powers shared by both the federal and state governments, such as the power to tax, build roads, and enforce laws.

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Exclusive Powers

Powers that only the federal government may exercise (e.g., declaring war, coining money, regulating interstate commerce).

Dual Federalism

A system where the federal and state governments operate independently in their own areas of authority; often compared to a “layer cake.”

Cooperative federalism

A system where federal and state governments work together to solve problems; often compared to a “marble cake.”