Foundations of the U.S. Legal System: Federalism and Supremacy

Vocabulary flashcards covering key terms from the section on the U.S. legal system, including federalism, the Articles of Confederation, enumerated and reserved powers, dual law, overlap, supremacy, and preemption.

Federalism

A system of government in which power is divided between a national (federal) government and state governments, with certain powers delegated to each by the Constitution.

Articles of Confederation

The first U.S. framework of government under which states retained sovereignty and there was no strong central power to tax, defend, or regulate commerce.

Constitutional compromise

The agreement during the drafting of the Constitution to create a central government with enumerated powers while preserving significant authority for the states.

Enumerated powers

Powers explicitly granted to the federal government by the Constitution.

Reserved powers

Powers not delegated to the federal government and thus reserved to the states or the people.

State law

Laws enacted by state legislatures that apply within that state's borders.

Federal law

Laws enacted by the federal government that apply across the United States.

Overlap / Concurrent jurisdiction

Situations where both state and federal law may apply to the same issue.

Supremacy Clause

A clause in the U.S. Constitution declaring that federal law prevails over conflicting state or local laws.

Preemption

The principle that federal law can displace state law when there is a conflict, due to the Supremacy Clause.

Environmental regulation preemption

The scenario where a federal environmental regulation conflicts with a state law, and the federal regulation preempts the state law.

When researching, you must determine whether , , or set of laws apply

State, federal, or both