Concurrent Powers
Governing powers both shared and independent between the national and state governments, including policymaking, raising revenue, implementing policies, and establishing courts
Extradition
Delivering a person accused of a crime back to the state in which the crime was committed in its jurisdiction upon the request of the state’s governor
Federalism
A system of government that provides for the division and sharing of power between the national and state governments
Full Faith & Credit Clause
Article IV, Section I of the Constitution; requires states to comply with and uphold the judicial decisions and acts of other states
Gibbons v. Ogden (1824)
Helped establish supremacy by strengthening the federal government and its right to regulate interstate commerce; set precedent of the use of the Commerce Clause to expand federal power
Block grant
a grant-in-aid for a broad policy area, whose funding is determined by a formula
Categorical formula grant
a grant-in-aid for a narrowly defined purpose, whose value is determined by a formula
Categorical project grant
a grant-in-aid for a narrowly defined purpose; governments must compete with each other by proposing specific projects to win money
Funded mandate
the federal government gives the states money to perform necessary tasks
Unfunded mandate
a federal mandate issued to the lower state levels that doesn’t come with any federal funds
Underfunded mandate
the federal government provides some funds to the states to implement laws, but it is not enough
McCulloch v. Maryland (1819)
Confirmed the right of Congress to go beyond its enumerated powers with implied powers to carry out its necessary and proper functions; established the supremacy of the national government over the states
Necessary & Proper (Elastic) Clause
Clause in Article I, Section 8 of the Constitution giving Congress the power to do whatever is necessary and proper to carry out its enumerated powers (use implied powers)
Nullification
A legal theory that the state governments have the right to invalidate any federal laws or national actions that they deem unconstitutional
Preemption (pre-emption)
The constitutionally based principle that allows the invalidation of state/local laws that conflict with federal laws; national laws supersede state laws
Privileges & Immunities Clause
Article IV, Section 2 of the Constitution; requires that a state extend to other states’ citizens the privileges and immunities it provides for its citizens (prevents discrimination of citizens from other states)
Reserved Powers
Powers not specifically granted to the federal government by the Constitution, reserved for the states as granted by the 10th Amendment
Supremacy Clause
Article IV in the Constitution; states that the Constitution and treaties & laws created by the national government are the supreme law of the land (federal law takes precedence over state laws)
U.S. v. Lopez (1995)
Ruled that the Gun-Free School Zones Act was unconstitutional, since it exceeded the limits of Congressional power and wasn’t sufficiently related to the Commerce Clause; challenged supremacy for the first time in many years
U.S. v. Morrison (2000)
Declared the civil remedy* section of the Violence Against Women Act was unconstitutional because it exceeded the powers granted to Congress under the Commerce Clause; challenged supremacy
(*The civil remedy section gave victims the right to sue their attackers in federal court)