Federalism and Constitutional Foundations Flashcards

Vocabulary flashcards reviewing concepts of federalism, constitutional provisions, federal acts, and key Supreme Court cases.

Federalist system

A political system where government power is shared between national and state governments.

Confederation System

A loose coalition of states where the national government is a byproduct of the individual states.

Unitary System

A system of government in which local governments are subservient to the central national government.

"Police" powers

The rights of state governments to enact laws that promote public health, safety, and morals.

Sovereignty

Political independence possessed by an entity with a defined territory, government, and power to make laws for its citizens.

Selective incorporation

The process by which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis using the 14th Amendment.

Nullification

The invalid concept that a state can declare a federal law unconstitutional and "null and void"; this inherent power lies with the federal judiciary, not states.

Intergovernmental lobby

State and local officials joining together from across the country to petition the federal government for funding with fewer restrictions.

Devolution

The policy and effort under New Federalism to return power, program management, and authority back to the states.

2nd Order devolution

The transfer of governmental power and administrative responsibilities from state governments to local governments.

3rd Order devolution

The transfer of governmental functions and power from local governments to private institutions.

Dual (layer cake) federalism

A constitutional model where national and state governments are supreme within their separate spheres with minimal overlap.

Cooperative (marble cake) federalism

A federalism system where boundaries between federal and state powers are blurred; the national government funds and sets standards while states implement them.

Fiscal federalism

The federal government's use of spending, taxing, and grants-in-aid to direct and influence state policies.

"Creative" federalism (1964-1968)

Great Society-era federalism under President LBJ where costs were shared between federal and state levels for programs previously funded by states, accompanied by federal rules.

"New" federalism (1968-1994)

An initiative started under President Richard Nixon to decentralize federal spending, cut income taxes, and return authority and grant administration back to state control.

Grants-in-aid

Federal funds provided directly to states for local disbursement, popular among state officials as a source of revenue.

Categorical grants

Federal funds targeted for narrow, specific purposes defined by federal law, often requiring matching funds from local governments.

Block grants

Federal funding combining multiple categorical grants into broad policy areas, giving states broader discretion in spending.

General revenue sharing

A historical form of federal aid used before the 1960s that required no matching funds and could be spent on almost any public purpose.

Conditions of aid

Specific federal guidelines and mandates that state governments must meet to qualify for federal grant money.

Mandate

Federal rules and regulations that state or local governments must follow, which often have little connection to receiving federal aid.

Unfunded mandate

Federal statutes requiring state or local governments to perform specific tasks or fulfill rules without providing federal money to cover the expenses.

Waiver

An official exemption granted to a state, local government, or agency permitting them to bypass a standard legal rule or regulation.

Enumerated (delegated) powers

Powers specifically listed in the Constitution and granted exclusively to the national government.

Implied powers

Powers not explicitly specified in the Constitution, but reasonably inferred to carry out enumerated functions.

Reserved powers

Exclusive state powers protected by the 10th Amendment, such as issuing licenses and regulating intrastate commerce.

Concurrent powers

Powers held and exercised simultaneously by both national and state governments, such as taxing, building infrastructure, and establishing judicial systems.

Necessary and Proper Clause (Article I)

Constitutional clause granting Congress implied authority to execute laws required to fulfill its enumerated duties.

Commerce Clause (Article I)

Constitutional clause granting Congress the power to regulate commerce between states and with foreign nations.

Supremacy Clause (Article VI)

Clause establishing that the Constitution and federal laws supersede state law and bind state judges.

Full Faith and Credit Clause (Article IV)

Constitutional requirement that states recognize and respect the public acts, records, and judicial proceedings of other states.

Extradition (Article IV)

The constitutional requirement that a state surrender an accused criminal back to the state where the alleged crime took place.

Privileges and Immunity Clause (Article IV)

Constitutional clause forbidding states from discriminating against citizens from other states.

10th Amendment

Amendment stating that all powers not delegated to the federal government nor prohibited to states belong to the states or the people.

13th Amendment

Constitutional amendment that formally abolished slavery in the United States.

14th Amendment

Amendment establishing birthright citizenship and barring states from denying due process or equal protection of the laws.

15th Amendment

Amendment guaranteeing that voting rights cannot be denied on the basis of race, color, or previous condition of servitude.

Gun Control Act of 1968

Federal legislation regulating firearm commerce, prohibiting gun sales to felons, setting age limits, and mandating serial numbers.

Controlled Substances Act of 1970

Federal law establishing systemized regulation over the manufacture, importation, possession, use, and distribution of regulated drugs.

Brady Bill of 1993

Federal law establishing a mandatory waiting period and background checks prior to gun purchases.

Defense of Marriage Act (1996)

Federal statute defining marriage as between a man and woman for federal purposes while leaving state marriage policy intact.

No Child Left Behind (NCLB) of 2002

Federal law granting educational aid to states in exchange for mandatory standardized testing; criticized for encouraging teaching to the test.

Every Student Succeeds Act (ESSA) of 2015

Federal legislation replacing NCLB that preserved standardized testing requirements while increasing state flexibility over education standards.

McCulloch v. Maryland

Supreme Court case ruling that Congress possesses implied powers under the Necessary and Proper Clause to create a national bank, and states cannot tax it under the Supremacy Clause.

Gibbons v. Ogden

Supreme Court ruling confirming that the Commerce Clause grants Congress full power to regulate interstate commerce, voiding state-issued steamboat monopolies.

Plessy v. Ferguson (1896)

Supreme Court decision establishing the legal doctrine of "separate but equal," upholding state Jim Crow laws.

United States v. Lopez

Landmark Supreme Court ruling (5-4) holding that the Gun-Free School Zones Act of 1990 exceeded Congress's authority under the Commerce Clause.

Obergefell v. Hodges

Landmark Supreme Court case (5-4) ruling that same-sex marriage is a fundamental right protected under the 14th Amendment's equal protection and due process clauses.

Gonzales v. Raich (2005)

Supreme Court ruling that Congress may prohibit marijuana under the federal Commerce Clause, even in states with legal medical marijuana.

Loving v. Virginia (1967)

Supreme Court decision striking down state bans on interracial marriage as unconstitutional under the 14th Amendment.

Federalist 39

Essay by James Madison defining a republic and explaining that the U.S. Constitution creates a political structure combining both national and federal elements.