Federalism

Commerce Clause

Congress can regulate interstate and foreign trade.

Necessary and Proper Clause (Elastic Clause)

Congress can pass laws needed to carry out its powers.

Supremacy Clause

Federal laws are the highest law; states must follow them.

Tenth Amendment

Powers not given to the federal government go to the states or people.

Reserved Powers

Powers kept by states (e.g., police, elections, local governments).

Concurrent Powers

Powers shared by both federal and state governments (e.g., taxing, courts).

Privileges and Immunities Clause

States cannot discriminate against people from other states.

Extradition

States must return criminals to the state where the crime was committed.

Unitary System

Central government has all the power.

Confederal System

States hold most of the power.

Federal System

Power is divided between national and state governments.

McCulloch v. Maryland (1819)

Congress can create a national bank; states cannot tax it.

Gibbons v. Ogden (1824)

Congress controls interstate commerce.

United States v. Lopez (1995)

Limited Congress's power under the Commerce Clause.

Printz v. United States (1997)

States don't have to enforce federal background checks.

Bond v. United States (2014)

Congress cannot interfere with state police powers.

Gonzales v. Raich (2005)

Federal law can ban marijuana even if states allow it.

Dual Federalism

State and federal governments operate separately (layer cake).

Cooperative Federalism

State and federal governments work together (marble cake).

Selective Incorporation

Supreme Court applies Bill of Rights to states case-by-case.

13th Amendment

Outlawed slavery.

14th Amendment

Guaranteed citizenship and equal protection under the law.

15th Amendment

Gave African American men the right to vote.

Plessy v. Ferguson (1896)

Allowed racial segregation under 'separate but equal.'

New Deal

FDR's programs expanded federal power and created Social Security, WPA, etc.

Grants-in-Aid

Federal money given to states to carry out policies.

Categorical Grants

Federal money with specific conditions attached.

Block Grants

Federal money with more flexibility for states.

Unfunded Mandates

Federal rules states must follow without funding (e.g., ADA).

Fiscal Federalism

Federal government uses money to influence state policies.

Revenue Sharing

Federal tax money given to states with no strings attached.

Devolution

Returning more authority to state or local governments.

ESSA (2015)

Requires student testing; states risk losing funds if they don't comply.

DOMA (Defense of Marriage Act)

Defined marriage federally as between a man and woman.

United States v. Windsor (2013)

Struck down part of DOMA; recognized same-sex marriage federally.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide.

COVID-19 and Federalism

Showed strengths and weaknesses of divided powers; states made different policies.

Public Opinion on Government

People trust local and state governments more than the federal government.