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Federalism
Division of power between the national government and state governments.
Unitary government
A system in which the central/national government holds most governing power.
Confederation
An alliance in which states retain most power and the central government is weak.
Supremacy Clause
Federal law and the Constitution are supreme over conflicting state laws.
10th Amendment / reserved powers
Powers not delegated to the national government are reserved to the states or the people.
Enumerated powers
Specifically listed powers in the Constitution.
Unenumerated powers
Powers not expressly listed but recognized through constitutional principles such as implied powers.
Implied powers
Powers not expressly stated but reasonably inferred from the enumerated powers.
Concurrent powers
Powers exercised by both the national and state governments.
Necessary and Proper Clause
Allows Congress to make laws necessary and proper to carry out its enumerated powers.
The Commerce Clause
Gives Congress power to regulate commerce among the states, with foreign nations, and with Native American tribes.
Devolution
The transfer of some responsibilities and powers from the national government to state governments.
Fiscal federalism
The use of federal taxing and spending to influence state and local policies.
Categorical grants
Federal funds that must be used for a specific purpose and usually include conditions.
Block grants
Federal funds provided for a broad purpose, giving states more flexibility in how to use them.
Revenue sharing
A system in which the federal government distributes tax revenue to state and local governments with few restrictions.
The Mandate Blues
The conflict created when federal mandates require states to meet standards.
Marbury v. Madison
Established judicial review: the Supreme Court can declare acts of Congress or the executive unconstitutional.
McCulloch v. Maryland
Established broad implied powers under the Necessary and Proper Clause.
Gibbons v. Ogden
Held that Congress has broad power to regulate interstate commerce.
United States v. Lopez
Limited Commerce Clause power regarding possession of a gun in a school zone.
Youngstown Sheet & Tube Co. v. Sawyer
Limited presidential power to seize steel mills without congressional authority.
Clinton v. City of New York
The line-item veto was unconstitutional as it violated separation of powers.
Full Faith and Credit Clause
Requires states to recognize the public acts and records of other states.
Extradition
Requires a state to return a person accused of a crime to the state where the person is charged.
Privileges and Immunities Clause
Prevents states from discriminating against citizens of other states regarding fundamental rights and economic opportunities.
Necessary and Proper Clause
Allows Congress to use implied powers to carry out enumerated powers.
Supremacy Clause
The Constitution and valid federal laws are supreme over conflicting state laws.
The Commerce Clause
Gives Congress power to regulate interstate commerce and activities that substantially affect it.
Federalism
Reflects the dynamic distribution of power between national and state governments.
Separation of powers
Divides national power among the legislative, executive, and judicial branches.
Fiscal federalism
The role of federal government spending, taxation, and grants in influencing state policies.