Federalism Vocab and Key Court Cases

Federalism

A system of government where power is divided between a central, national government and state governments

Division of Powers

Powers of authority and responsibilities are distributed among different levels of government

Delegated powers

Powers specifically granted to the national government by the Constitution

Expressed powers

Powers explicitly stated in the Constitution

Implied powers

Powers not explicitly stated in the Constitution but are inferred from the expressed powers

Inherent powers

Powers not explicitly stated in the Constitution but are necessary for the government to function

10th amendment

Powers not delegated to national government are reserved for states or people

14th Amendment

People born or naturalized in the US are granted citizenship and are guaranteed equal protection under the law - Equal Protection Clause

Reserved powers

Powers not granted to national government are reserved for the states

Exclusive powers

Powers that can be only exercised by the national government

Concurrent Powers

Powers that are shared between the national and state governments

Supremacy Clause

The clause in the constitution that federal law takes precedence over state law

Commerce Clase

The clause that gives Congress (national government) to regulate trade with foreign nations among the states

Brown v. Board of Education

Supreme Court case that declared racial segregation in public schools unconstitutional (violated 14th amendment, equal protection)

Wickard v. Filburn

Supreme Court case that expanded the federal government's power to regulate economic activity... even when the activity is within a state it could have an impact in aggregate (as a whole) (Commerce Clause)

U.S. v. Lopez

Supreme Court case that limited Congress's power under the Commerce Clause - the use of the Commerce Clause must be in relation to economic activity (Commerce Clause)

Gonzales v. Raich

Commerce clause → medical marijuana → congress can regulate intrastate activity

D.C. v. Heller

Supremacy Clause → 2nd amendment trumps D.C. law → police officer tries to get gun for home

NY State Rifle v. Bruen

Supremacy clause → needing proof for gun needs violates 2nd amendment

Dobbs v. Jackson Women’s Health

14th and 10th amendment → abortion not in the Constitution and 14th amendment does not protect right to get an abortion

Expressed Powers of Congress

establish post office, coin money, regulate interstate and foreign trade, declare war

List of Powers shared by State and Fed Gov

collecting taxes, borrow money, establishing courts/ criminal laws

Necessary and Proper Clause (Elastic)

constitutional authorization for Congress to make any law required to carry out its powers