Chapter 3 Key Concepts

Federalism

The sharing of powers between the national government and state governments

Supremacy Clause

Places national law, treaties, and presidential actions above state authority, found in Article VI.

Full Faith and Credit

States must regard and honor the states of other laws found in Article IV.

Privileges and Immunities Clause

Citizens of each state shall be entitled to all privileges and Immunities of citizens in the several states.

Extradition

Obligates states to deliver captured fugitive criminals back to the state where they committed the original crime.

Exclusive Powers

Powers that are delegated only to the federal government.

Police Powers

Power to create and enforce laws on health, safety, and morals.

Concurrent Powers

The powers held by authorities at both state and federal level.

Defense of Marriage Act (1996)

Defined marriage as between one man and one woman.

Revenue Sharing

The process of federal grants, also known as fiscal federalism.

Grant-in-aid Programs

Congress directing funds to states that qualify for aid and withholding funds when they do not.

Categorical Grants

Grants with particular congressional guidelines or requirements, often has strings attached.

Block Grants

Federal money given to states for broadly defined reasons. They offer larger sums of money to the states without strings.

Mandates

Required states to comply with a federal directive, sometimes with the reward of funds.

Devolution

The return of power to the states, a policy during the 1980’s, during the Reagan years.

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

Restructured the welfare system to return much of the redistribution of welfare dollars to the states.

Cooperative Federalism

A system in which federal, state, and local governments work together on common problems and policies, sharing power and collaborating on overlapping functions. Sometimes called "marble-cake" federalism.

Enumerated Powers

Section 8 of Article I, The listed powers for congress including the power of the purse, to raise an army, create a postal system, address pirates, define immigration, and some others.

Commerce Clause

Found in Article I Section 8 of the Constitution, that empowers Congress to regulate financial dealings among the states and other nations.

Necessary & Proper (elastic) Clause

The last clause found in Article I, Section 8, it gives Congress great flexibility in carrying out their enumerated powers. Sometimes called the elastic clause.

Implicit Powers

Although not directly stated, they are implied via the elastic clause.

Tenth Amendment

Explicitly stated in the Constitution that grants any powers not specifically given to the federal government are "reserved" to the states or the people therein.

Fourteenth Amendment

Passed after the American Civil War, with the intention to protect freed slaves, it also promises citizenship to anyone born in the U.S., privileges & immunities, due process & equal protection

McCulloch Vs. Maryland (1819)

Supreme Court case that established the precedent that states cannot tax the federal government and that federal government can create a national bank thus strengthening the supremacy and necessary and proper clauses.

Dual Federalism

When federal and state government have clearly defined powers. Sometimes called "layer-cake" federalism.

United States Vs. Lopez

Supreme Court case that ruled Congress cannot control where firearms are allowed thus providing the first limitation of the Commerce Clause in modern times.

Clean Air Act (Air Pollution Control Act) (1970)

Called for improved air quality and decreased contaminates. This act also required the DoT to reduce car emissions. 

Clean Water Act (1972)

Regulated the discharges of pollutants into the waters of the US and monitors quality standards for surface waters.

The Endangered Species Act (1973)

Established a program that empowered the National Wildlife & Fishery Service to protect species.

No Child Left Behind Act (2002)

States were held more accountable for student achievement via standardized testing under federal supervision.

Every Student Succeeds Act (2015)

The act kept student achievement standards but returned accountability largely back to the states.