Federalism and powers

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16 Terms

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Commerce Clause

Congress regulates commerce with foreign states, among states, and tribes. ^

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Interstate Commerce

Congress can regulate commercial activities crossing state lines; often interpreted broadly. ^

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US v. Lopez

Congress overstepped commerce clause by charging a student for bringing a gun to school; cannot regulate this under commerce clause. ^

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Necessary and Proper Clause

Congress can make laws that are convenient, useful, or appropriate; also called the elastic clause. ^

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McCulloch v. Maryland

States cannot tax federal institutions; Congress has implied powers under Necessary and Proper Clause. ^

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Elastic Clause

Allows federal government to grow while 10th Amendment reserves powers to states. ^

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10th Amendment

Federal government only has powers explicitly granted; others reserved to states. ^

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Expressed Powers

Powers granted to federal government explicitly in Constitution. ^

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Concurrent Powers

Powers shared by state and federal governments (taxes, law enforcement, infrastructure). ^

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Reserved Powers

Powers held by states or local governments (education, marriage laws, licenses). ^

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Dual Federalism

Layered cake; federal and state powers clearly separated. ^

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Cooperative Federalism

Marble cake; federal and state powers shared, e.g., federal funding for state programs. ^

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Block Grant

Federal money for broad purposes; fixed funding; less oversight. ^

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Categorical Grant

Money for specific purposes; strict guidelines (e.g., Medicaid). ^

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Funded Mandates

Requirements from higher government with funding (Medicaid, environmental regulations). ^

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Unfunded Mandates

Requirements from higher government without providing funds (ADA).