AP Gov - 1.8 Constitutional Interpretations of Federalism

Federalism

A system of government in which power is divided between the national government and state governments.

Supremacy Clause

Article VI clause establishing that the Constitution, federal laws, and treaties are the supreme law of the land.

Necessary and Proper Clause

Article I, Section 8 clause giving Congress power to make laws required to carry out its enumerated powers; also called the Elastic Clause.

Commerce Clause

Article I, Section 8 clause granting Congress the power to regulate commerce among the states, foreign nations, and Native American tribes.

Tenth Amendment

Reserves powers not delegated to the federal government to the states or the people.

Dual Federalism

A system where national and state governments have separate, distinct areas of authority; also known as layer cake federalism.

Cooperative Federalism

A system where national and state governments share responsibilities and work together; also known as marble cake federalism.

New Federalism

Efforts to return power and responsibility to state governments, prominently associated with the Nixon administration.

McCulloch v. Maryland (1819)

Established implied powers for a national bank via the Necessary and Proper Clause and upheld the Supremacy Clause against state taxation.

Gibbons v. Ogden (1824)

Broadly interpreted the Commerce Clause, giving Congress wide authority to regulate interstate commerce.

United States v. Lopez (1995)

Limited Congress's Commerce Clause power by ruling that regulating guns near schools exceeded federal authority.

Concurrent Powers

Powers that can be exercised by both national and state governments, such as taxation and creating courts.

Delegated Powers

Powers belonging to the federal government.

Reserved Powers

Powers belonging to the states.