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Federalism
One of three methods governments use to organize power where power is shared between central and state governments (subnational units). It is found nowhere in the Constitution
Unitary Government
A system where the central government has most of the power and states have very little power
Confederation / Confederal System
A system where states have most of the power and the central government has very little power. This type of government has existed twice in American history
Expressed Powers
Powers given to the central government found in Article 1, Section 8 of the Constitution
Reserved Powers
Powers not delegated to the U.S. by the Constitution, nor prohibited to the states, are reserved to the states or the people. These are found in the 10th Amendment
Implied Powers
Powers not expressed in the Constitution but known; they are found in the Necessary and Proper Clause
Necessary and Proper Clause (Elastic Clause)
Found in Article 1, Section 8; it allows Congress to make all laws necessary and proper for executing its foregoing powers
Inherent Powers
Powers that only belong to the central government, such as the power to defend the country if attacked and the right to control borders
Concurrent Powers (Shared Powers)
Powers shared by both federal and state governments, such as the power to tax, make and enforce laws, establish courts, and build roads
Article 6 (Supremacy Clause)
States that the Constitution and the Laws of the United States are the supreme Law of the Land; in a disagreement between state and federal government, the federal government wins
Article 1, Section 9 (Powers Denied to Central Government)
Prohibits the central government from certain actions, such as imposing export taxes on a state or favoring one state over another
Article 1, Section 10 (Powers Denied to States)
Prohibits states from printing their own money, raising their own armies, or entering into treaties with other states
Intrastate Commerce
Trade, traffic, or transportation occurring exclusively within the borders of a single state (e.g., sale of alcoholic beverages)
Interstate Commerce
Trade between states, which is regulated by the federal government
Full Faith and Credit
Found in Article 4; ensures that legal and public documents are valid in other states
Privileges and Immunities
Requires states to treat people from other states exactly how they treat their own citizens (e.g., the Taxing Clause prevents taxing out-of-state individuals more than in-state).
Right to Ingress and Regress
The right to enter and leave states
Extradition
A mandatory promise between states to deliver up individuals charged with treason, felony, or other crimes who have fled from justice
Police Powers
The powers of the state to regulate health, public safety, and morals
McCulloch v. Maryland (1819)
Background: Maryland tried to sue the national bank out of existence
Outcome: The Supreme Court ruled that while the Constitution doesn't explicitly mention a bank, the power to have one is part of the "Necessary and Proper Clause" because the government has expressed powers to print and loan money.
Gibbons v. Ogden (1824)
Background: Involved ferry boat captains traveling on a river that bordered two states.
Outcome: The Supreme Court interpreted the case in favor of the federal government, establishing that interstate commerce goes to the federal government while intrastate commerce goes to the state.