constitution and federalism vocab

Unconstitutional

When a law or regulation goes against what the Constitution says

Marbury v. Madison, Brown v. Board of Education, Roe v. Wade, United States v. Lopez

Advice and Consent Clause

Requires the Senate to approve presidential appointment and treaties

George Washingtons Jay Treaty, Rejected nomination of Robert Bork

Necessary and Proper Clause

(Also known as the Elastic Clause) Gives Congress the power to make all laws "necessary and proper" for executing its enumerated powers

United States v. Comstock, Gibbons v. Ogden, Creation of the Air Force

Commerce Clause

Gives Congress the power to regulate trade and commerce among the States, with foreign nations and with Native tribes

Gibbons v. Ogden, Wickard v. Filburn, United States v. Lopez

Marbury v. Madison

A landmark Supreme Court case where Chief Justice John Marshall established the principle of judicial review, allowing the Court to declare laws unconstitutional

Ensured the judiciary could limit Congress/President, preventing government overreach

Contract Clause

Prohibits states from passing any law that repairs the obligation of contracts

Fletcher v. Peck, Sturges v. Crowninshield

Eminent Domain

The governments power to take private property for public use, provided there is just compensation

Kelo v. City of New London, Berman v. Parker, Burlington & Quincy Railroad v. Chicago

Faithfully Executed Clause

Requires the President to "take Care that the Laws be faithfully executed"

Immigration Enforcement, Nixon & Watergate, Andrew Jackson & Indian Removal Act

Federalist v. Antifederalist

Federalists believe in a strong central government, while antifederalists oppose it

Shaped the ratification debate and the creation of the Bill of Rights... laid foundation for first U.S. political party system

Expressed/Enumerated Powers

Powers explicitly listed in the Constitution that Congress can exercise

Power to Tax, Power to Declare Ware, Power to Coin Money, etc.

Implied powers

Powers not explicitly states in the Constitution but reasonably inferred from the expressed/enumerated powers, justified by the necessary and proper clause

Creation of the National Bank, Air Force Establishment, Federal Minimum Wage

Inherent Powers

Powers not explicitly listed in the Constitution but naturally belong to the national government to conduct foreign affairs and ensure the nations survival

Louisiana Purchase, Immigration Control, Executive Agreements

Reserved Power

Powers not delegated to the federal government nor prohibited to the states; reserved for the states by the 10th Amendment

Education Policy, Marriage & Divorce Laws, State Elections

10th Amendement

Powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people

United States v. Lopez, Voting and Elections, reinforces federalism, serves as a constitutional foundation for reserved powers

Concurrent Powers

Powers shared by both the federal and state governments

Taxation, Law Enforcement, Establishing Courts

Supremacy Clause

States that the Constitution, federal laws, and treaties are the "Supreme Law of the Land", taking precedence over state laws

McCulloch v. Maryland, Gibbons v. Ogden, Wickard v. Filburn

Doctrine of Secession

The idea that a state can legally withdraw from the United States

Southern States (1860-1861), Civil War, Texas v. White

Fiseal Federalism

The system in which the federal government provides funding to states through grants, often with conditions attached

Block Grants, Medicaid Funding, No Child Left Behind, COVID-19 Relief Funds

Categorical Grants

Federal funds provided to states for a specific purpose, often with strict rules and conditions

Food Stamps/SNAP, Head Start Program, Highway Construction Grants

Block Grants

Federal funds provided to states for a broad purpose with few restrictions, giving states more discretion in spending

Public Health Grants, Education Block Grants, TANF

Federal Mandates

Requirements that states must follow under federal law, sometimes without federal funding (unfunded mandates)

Americans with Disabilities Act, (1990), Clean Air Act, Motor Voter Act, Affordable Care Art

Full Faith and Credit Clause

Requiring states to recognize and honor the public acts, records, and judicial proceedings of other states

Divorce Decrees, Child Custody Orders, Judicial Judgements

Cooperative Federalism (Marble Cake)

A model of federalism in which national, state, and local governments work together to solve problems, share power and fund programs
New Deal Programs (1930s), Medicaid, Disaster Relief (FEMA programs)