Federalism
a system of government where power is shared between national government and the local governments (states)
Confederation
regional governments have the power
Unitary System
central government has the power
McCulloch v. Maryland (1819)
Necessary and Proper Clause allows congress to take actions that are essential to a power congress has. Affirmed the supremacy clause in article 6 because the states can not tax the federal government.
Gibbons v. Ogden (1824)
The commerce clause gives the national government the exclusive power to regulate interstate commerce.
United States v. Lopez (1995)
National government may not use the commerce clause to regulate matters that are not related to interstate commerce. Commerce Clause.
Delegated/Expressed/Enumerated powers
Powers given to the federal government
Reserved powers
powers saved for the state governments
Concurrent powers
powers shared between the states and federal level
Full Faith and Credit clause
that state courts respect the laws and judgments of courts from other states
Privileges and Immunities clause
this clause protects the fundamental rights of individual citizens and restrains state efforts to discriminate against out-of-state citizens
Extradition
ensures that accused persons get to face prosecution regardless of where they reside
Supremacy clause
conflicts between federal and state laws are resolved in favor of federal law when constitutional power has been given to the federal government
Dual federalism (Layer cake federalism)
US government is supreme in its sphere, the states are supreme in their sphere, and the two remain separate
Cooperative federalism (Marble cake federalism)
US states and government work together to carry out function
Categorical grants
money given for a specific purpose defined by federal laws
Block grants
grants given for a general purpose
Devolution
idea of returning the power to the states
Mandates
ruling a state must follow from the federal government (may be funded or unfunded)
Necessary and proper clause (Elastic clause)
to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Nullification
idea that states can declare null and void a federal law that, in the states opinion, violates the Constitution (ruled unconstitutional by the Supreme Court)
Revenue sharing
money given that can be used for any government purpose
Waiver
permission to violate a law or rule
Express preemption
federal government uses laws to block/override state laws