Federalism and the Separation of Powers

These flashcards cover key concepts of federalism and the separation of powers in the American political system.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Separation of Powers

The principle of dividing governmental powers among different branches to prevent any one branch from gaining too much power.

Supremacy Clause

The clause in the U.S. Constitution (Article VI) that establishes the Constitution and federal laws as the supreme law of the land.

Dual Federalism

A concept of federalism where state and national governments operate within their own spheres of authority.

Cooperative Federalism

A model of federalism in which national, state, and local governments work together to solve problems.

Regulated Federalism

A form of federalism where the federal government sets conditions that states must meet in order to receive federal funds.

New Federalism

A political philosophy that seeks to shift some powers back to the states from the federal government.

Elastic Clause

The clause in the U.S. Constitution (Article I, Section 8) that grants Congress the power to pass all laws necessary and proper to carry out its enumerated powers.

Reserved Powers

Powers that are not specifically granted to the federal government or prohibited to the states are reserved for the states.

Federal Preemption

The principle that allows the federal law to take precedence over state laws when there is a conflict.

17th Amendment

The amendment to the U.S. Constitution that established the direct election of U.S. Senators by popular vote.

Grants-in-Aid

Federal funds provided to state and local governments for specific projects or programs.

Writ of Habeas Corpus

A legal petition that requires a person to be brought before a judge to secure their release unless lawful grounds are shown for their detention.

Bills of Attainder

Legislative acts that impose punishment without a trial, prohibited by the Constitution.

Ex Post Facto Laws

Laws that criminalize actions retroactively, which are prohibited by the Constitution.

Implied Powers

Powers not explicitly stated in the Constitution but are implied through the interpretation of the necessary and proper clause.

Political Logic

The strategic considerations that guide political actors in decision-making and policy formulation.

Collective Action Problem

A situation in which individuals would benefit from working together, but fail to do so because of conflicting interests.

Crossover Sanctions

Federal funding that is contingent upon the states adopting certain policies.

Direct Orders

Legal directives from the federal government to a state government that require specific actions without providing compensation.