Federalism and Key Supreme Court Cases

These flashcards cover key concepts related to federalism and important Supreme Court cases that influence the balance of power within the U.S. government.

Federalism

A system of government where power is divided between a national (federal) government and state governments.

Unitary government

A system where all power is held by a central/national government, and local governments only have power if the central government gives it to them.

Confederation

A loose alliance of states where most power stays with the states, and the national government is very weak.

Supremacy Clause

Part of the Constitution (Article VI) that says federal law is the ‘supreme law of the land,’ meaning if state law and federal law conflict, federal law wins.

10th Amendment

States that powers not given to the national government (or denied to the states) are reserved for the states or the people.

Enumerated powers

Powers specifically listed in the Constitution for the federal government.

Unenumerated powers

Rights/powers not specifically listed but still protected.

Implied powers

Powers not directly stated in the Constitution but assumed because of the Necessary and Proper Clause.

Concurrent powers

Powers shared by both state and national governments.

Necessary and Proper Clause

Gives Congress the power to make all laws ‘necessary and proper’ to carry out its other powers.

Commerce Clause

Gives Congress the power to regulate trade between states and with foreign nations.

Devolution

When the federal government gives power and responsibilities back to the state governments.

Fiscal federalism

How the federal government uses money to influence what states do.

Categorical grants

Federal money given to states for a specific purpose.

Block grants

Federal money given to states for a broad purpose with more flexibility.

Revenue sharing

When the federal government gives states money with no strings attached.

Mandate blues

When the federal government forces states to do something without providing enough funding.

Marbury v. Madison

Established judicial review, allowing the Court to strike down laws as unconstitutional.

United States v. Lopez

Said Congress cannot use the Commerce Clause to regulate carrying a gun in a school zone.

McCulloch v. Maryland

Said Congress could create a national bank and states cannot tax the federal government.

Gibbons v. Ogden

Only the federal government can regulate interstate commerce.

Youngstown Sheet & Tube Co. v. Sawyer

Said the President cannot seize private property without Congressional approval.

Clinton v. City of New York

Said the President cannot use the line-item veto to cancel parts of laws passed by Congress.