Federalism

Federalism

the division of power between the federal, state, and local governments

10th Amendment

This amendment reminds everyone that some powers are reserved to the states. It states that everything not delegated to the federal government or denied to the states is reserved to the states. States’ rights supporters often cite the 10th Amendment

Reserved Powers

These are the powers States keep for themselves. They include things not specifically mentioned in the Constitution, such as education, health, welfare, licensing, and a general police power

Concurrent Powers

These are powers that both the federal government and the states have. They exercise these powers separately. Examples include taxing and borrowing money, making laws, building roads, law enforcement, chartering banks, eminent domain, and establishing courts

Elastic Clause

Necessary & Proper Clause

Dual &/vs. Cooperative Federalism

The relationship between states and the federal government has changed over time, a relationship described as dynamic federalism.

Commerce Clause

states that Congress has the power to regulate interstate commerce (commerce among the several states).

Devolution

an attempt to give power back to the states. This effort seeks to take powers away from the federal government and return them to the states, based on the position that the federal government has become too powerful and involved in areas outside of its constitutional purview

Categorical Grants

represent federal money given to the states for a specific purpose.

States’ Rights

Expressed Powers

The Supremacy Clause (& Pre-emption)

Mandate

Gibbons v. Ogden

Unitary System of Government

U.S. v. Lopez

McCulloch v. Maryland