Civil Liberties

Federalism

The system of government in which a constitution divides power between a central government and regional governments.

Sovereignty

Independent political authority.

Implied Powers

Powers derived from the necessary and proper clause (Article I, Section 8) of the Constitution. Such powers are not specifically expressed in the Constitution but are implied through the interpretation of delegated powers.

Checks and Balances

Major checks and balances among the institutions of government.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Annapolis Convention

A convention held in 1786 that led to the Constitutional Convention in 1787.

Constitutional Convention

The gathering that drafted the Constitution of the United States in 1787.

Articles of Confederation

The first constitution of the United States, which created a weak national government.

Expressed Powers

The powers granted to the national government that are specifically listed in the Constitution.

Bill of Rights

The first ten amendments to the Constitution that outline individual rights.

State Governments

The governments of individual states that have their own authority and powers.

National Government

The central government of the United States, which has authority over national matters.

Trade Agreements

Contracts between states and foreign countries regarding commerce.

Barriers to Commerce

Obstacles erected by states that inhibit trade and movement across state borders.

Constitution

The supreme law of the United States that outlines the framework of government.

Fundamental Policies

The essential rules and regulations that govern the lives of Americans.

National Power

The authority held by the national government to govern and make laws.

State Legislatures

The legislative bodies of individual states responsible for making state laws.

Geographically Concentrated Groups

Groups that are located in specific geographic areas and can exert more power in a federal system.

Power to Collect Taxes

One of the expressed powers of the national government to generate revenue.

Power to Declare War

An expressed power of the national government to engage in military conflict.

Power to Regulate Commerce

An expressed power of the national government to control trade activities.

supremacy clause

A clause in Article VI that makes all national laws and treaties the supreme Law of the Land.

reserved powers

Powers that are not specifically delegated to the national government or denied to the states by the Constitution, reserved to the states under the Tenth Amendment.

Tenth Amendment

An amendment stating that any powers not delegated to the national government or denied to the states are reserved to the States respectively, or to the people.

coercion

The power retained by the states to develop and enforce criminal codes, administer health and safety rules, and regulate family laws.

licensing

The requirement for individuals such as doctors, lawyers, plumbers, or barbers to be licensed by the state.

private property

Property defined by state laws against trespassing, which determines who is entitled to use a piece of property.

eminent domain

The right of the government to take private property for public use, with reasonable compensation awarded to the owner.

concurrent powers

Authority possessed by both state and national governments, such as the power to levy taxes.

full faith and credit clause

The provision in Article IV, Section 1, of the Constitution requiring that each state normally honor the governmental actions and judicial decisions that take place in another state.

national government power increase

The increase in national government power observed over the past 80 years since Franklin Delano Roosevelt's New Deal.

balance of power

The question of whether the balance has shifted too far toward federal power.

state policies

Policies that states can decide on their own when the federal government does not set a strong policy in an area of concurrent powers.

renewable energy policies

The varying approaches taken by states in the absence of a strong national policy regarding renewable energy.

conflict of laws

The situation where there has been a direct conflict of laws between national and state levels, generally resolved in favor of the national government.

governmental actions

Actions taken by the government that are typically honored by other states under the full faith and credit clause.

judicial decisions

Decisions made by courts that are usually recognized by other states as per the full faith and credit clause.

Antifederalists

Individuals who feared that a strong central government would encroach on individual liberty and pressed for the Tenth Amendment.

Federalists

Individuals who agreed to the Tenth Amendment, believing it would not significantly harm the powers granted to the national government.

state enforcement

The state's role in enforcing possession rights of private property against others.

public purpose

The justification for the state to seize property under eminent domain, as long as compensation is provided.

national laws

Laws enacted by the national government that hold supremacy over state laws.

treaties

Formal agreements made by the national government that are considered supreme law under the supremacy clause.

Full Faith and Credit

Article IV, Section 1, calls for 'Full Faith and Credit' among states, meaning that each state is expected to honor the 'public Acts, Records, and judicial Proceedings' that take place in any other state.

Defense of Marriage Act (DOMA)

In 1996, Congress passed the federal Defense of Marriage Act (DOMA), declaring that states did not have to recognize a same-sex marriage legally contracted in another state.

Comity Clause

Article IV, Section 2, of the Constitution, which prohibits states from enacting laws that treat the citizens of other states in a discriminatory manner.

Privileges and Immunities

The comity clause provides that citizens enjoying the 'privileges and immunities' of one state should be entitled to similar treatment in other states.

Interstate Compact Clause

Article I, Section 10, states, 'No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State.'

Home Rule

The power delegated by a state to a local unit of government to manage its own affairs.

Supreme Court Ruling on Same-Sex Marriage

In 2015, the Supreme Court ruled that states were required to issue marriage licenses to same-sex couples and to recognize such marriages performed in other jurisdictions.

Discriminatory Laws

States cannot discriminate against someone from another state or give special privileges to its own residents.

Fugitive Return Requirement

The comity clause regulates criminal justice among the states by requiring states to return fugitives to the states from which they have fled.

Alabama Prison Escape Case

In 1952, when an inmate escaped from an Alabama prison and sought to avoid being returned, the Supreme Court ruled that he must be returned according to Article IV, Section 2.

Exceptions to Comity Clause

States may charge out-of-state students a higher tuition rate at state colleges and universities.

Cuba and American Fugitives

Despite the resumption of diplomatic relations between Cuba and the United States, Cuba declared in 2017 that it would not return several American fugitives.

Interstate Compacts Usage

Today, compacts are used for a wide range of issues but are especially important in regulating the distribution of river water, addressing environmental concerns, and operating transportation systems that cross state lines.

Border Disputes

In the early years of the Republic, states turned to compacts primarily to settle border disputes.

State Relationships

States' relationships to one another are governed by the interstate compact clause.

National Unity

The obligations in Article IV were intended to promote national unity.

Recognition of Marriages

If a couple is married in Texas, Missouri must also recognize that marriage, even though they were not married under Missouri state law.

Defense of Marriage Acts

Some states passed 'defense of marriage acts' that defined marriage as a union only between a man and a woman.

Legal and Proper Actions

The framers aimed to make the states less like independent countries and more like parts of a single nation by requiring them to recognize actions and decisions taken in other states as legal and proper.

Local government

Includes counties, cities, and towns, created by state legislatures and permitted to take on some responsibilities of state governments.

Dual federalism

The system of government that prevailed in the United States from 1789 to 1937, where most fundamental governmental powers were shared between federal and state governments.

Commerce clause

The clause in Article I, Section 8, of the Constitution that delegates to Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes.

Elastic clause

The final clause of Article I, Section 8, which allows for the interpretation of powers delegated to the national government, inviting struggles over the distribution of powers.

McCulloch v. Maryland

An 1819 Supreme Court case that favored national power by ruling that Congress had the implied power to charter a bank.

Necessary and proper clause

Part of the Constitution that allows Congress to make laws deemed necessary and proper for executing its powers.

Supreme Court

The highest court in the United States, which has weighed in on the distribution of powers between national and state governments.

Civil War

A significant historical event that temporarily disrupted the traditional dual federalism system in the United States.

Administrative capability

The ability of a government to implement laws and manage public affairs effectively.

Bureaucracy

A system of government in which most of the important decisions are made by state officials rather than by elected representatives.

Cooperation and competition

The relationship between state and local governments, where they work together and also compete for power and resources.

Alteration of boundaries

The ability of state governments to change the boundaries of cities and counties.

Creation and elimination of cities

The power of state legislatures to create or abolish cities and towns.

Fundamental governmental powers

The essential powers that are shared between federal and state governments under dual federalism.

Two-layered system

The structure of government in the United States under dual federalism, consisting of national and state levels.

Rivalry between police forces

An example of the competition between state and local governments in law enforcement.

Constitutional opposition

The disagreement regarding the constitutionality of certain powers or actions, such as Thomas Jefferson's opposition to the creation of a national bank.

Taxation of the bank

The constitutional question raised regarding Maryland's attempt to tax the Bank of the United States.

Gibbons v. Ogden

A Supreme Court case in 1824 that ruled the state of New York could not grant a monopoly to a steamboat company, as it conflicted with the commerce clause giving Congress the power to regulate commerce among the states.

Interstate Commerce

The legal concept that refers to commerce that concerns more than one state.

Federal Trade Commission

An important federal regulatory agency established to manage economic activities.

Interstate Commerce Commission

A federal regulatory agency that was built to establish the groundwork for federal economic management.

States' Rights Coalition

A coalition that developed in Congress during the Jacksonian period, emphasizing the powers of the states over the federal government.

John Marshall

The Chief Justice who reinforced a nationalistic interpretation of the Constitution.

Federal Power Growth (1820s-1930s)

Federal power grew slowly during this period, with significant expansion occurring only later.

Civil War Impact

The interruption of the states' rights coalition's dominance in Congress due to the Civil War.

Supreme Court's Shift

The Supreme Court turned away from a nationalistic interpretation of the Constitution in favor of a states' rights interpretation.

Unconstitutionality of Federal Regulation

For many years, any federal effort to regulate commerce was declared unconstitutional by the Supreme Court.

Police Power

A power reserved to the states, particularly concerning local matters such as regulation of factories and workplaces.

GDP (Gross Domestic Product)

A measure of the economy as a whole based on the total value of goods and services produced within the country.

Federal Spending as Percentage of GDP

Federal government spending rose during the New Deal and spiked during World War II, and never dropped back to pre-war levels.

State and Local Government Spending

In the first half of the twentieth century, state and local governments accounted for most government spending.

Economic Management Foundations

The groundwork for federal economic management was established by a small number of important federal regulatory agencies.

Jacksonian Period

A time when a states' rights coalition developed in Congress, influencing political dynamics.

Monopoly in Commerce

The Supreme Court ruled that a state could not grant a monopoly that affected other states' interests.

Local Regulation

The Supreme Court ruled that the factory and workplace were inherently local areas, limiting federal regulation.

Child Labor Regulation

Federal efforts to regulate child labor were often declared unconstitutional by the Supreme Court.