AP GOPO Principles of the Constitution

federalism

a constitutional system of government where power is divided and shared between a central national government and individual state governments

Unitary government

a political system where all governing power and ultimate authority reside in a single central national government

Confederation

a political system where a loose alliance of sovereign, independent states grants only limited powers to a weak central authority, keeping ultimate power and authority for themselves

Supremacy Clause

a constitutional rule stating that federal laws and the U.S. Constitution are the "supreme law of the land"

10th Amendment / reserved powers

any powers not explicitly granted to the federal government by the Constitution, nor blocked from the states, belong to the states or the people

Enumerated powers

explicitly written down in the U.S. Constitution for the federal government, while "unenumerated powers" typically refer to either implied powers derived from them or reserved powers left to the states and the people

unenumerated powers

Nessarry and proper clauses

Implied powers

powers exercised by the federal government that are not explicitly written in the Constitution but are reasonably inferred as necessary to execute Congress's expressed or enumerated powers

 Concurrent powers

political powers shared by both the national (federal) and state governments in a federal system

Necessary and Proper Clause/ Elastic Clause

grants Congress the power to pass all laws needed to execute its enumerated powers

The Commerce Clause

grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"

Devolution

the effort to scale back the size and scope of the national government by transferring responsibility for federal programs and services down to state and local governments

Fiscal federalism

the pattern of spending, taxing, and providing grants in the federal system, where the national government uses federal money to influence state and local policies

Categorical grants

The federal government attaches rules ("strings") to the money so Congress can influence policy areas it cannot directly regulate under the Constitution. federal funds given to state and local governments for a narrowly defined, specific purpose with strict rules and conditions attached

Block grants

a large sum of money given by the federal government to state and local governments for broad policy areas with few strings attached

Revenue sharing

a fiscal policy where the federal government distributes a portion of its tax revenue directly to state and local governments with virtually no restrictions or conditions attached

The Mandate Blues

the frustration, financial burden, and complaints experienced by state and local governments when the federal government issues rules or regulations (mandates) that they must follow without providing the money to pay for them

Marbury v. Madison

the landmark Supreme Court case that established the principle of judicial review—the power of the courts to declare acts of the legislative and executive branches unconstitutional. It transformed the Supreme Court into a co-equal branch of government with the power to check Congress and the president

McCulloch v. Maryland

establishing that Congress has implied powers under the Necessary and Proper Clause and that states cannot tax or interfere with legitimate federal actions under the Supremacy Clause. Chief Justice John Marshall ruled that Article I, Section 8 allows Congress to use reasonable, implied means (like a bank) to execute its explicit, enumerated powers (like taxing, borrowing, and regulating currency). Marshall ruled that federal laws are supreme over state laws, famously stating that "the power to tax involves the power to destroy," which prevents states from obstructing or weakening federal institution

Gibbons v. Ogden

broadly interpreted the Commerce Clause, ruling that Congress has the exclusive power to regulate interstate commerce and that federal law overrides conflicting state laws. It served as a major turning point that strengthened the national government's authority over the states

United States v. Lopez

limited Congress's power under the Commerce Clause and shifted power back toward the states. The Court ruled that carrying a gun in a school zone is not an economic activity that substantially affects interstate commerce

Youngstown Sheet & Tube Co. v. Sawyer

ruled the president cannot seize private property without specific authorization from Congress or the Constitution. During the Korean War, President Harry S. Truman issued an executive order directing the Secretary of Commerce (Charles Sawyer) to seize and operate the nation's private steel mills to avert a strike that might hurt military production. Congress had previously refused to grant property seizure powers during labor disputes.:

1. Maximum Power: The president acts with express or implied authorization from Congress. :)

2. The "Twilight Zone": The president acts in the absence of congressional action or neutrality. :/

3. Lowest Ebb: The president acts contrary to the expressed or implied will of Congress :(

Clinton v. City of New York

the Line Item Veto Act of 1996 unconstitutional because it violated the Presentment Clause and the separation of powers. that the president cannot unilaterally cancel or "line-item veto" specific parts of a passed bill (such as specific spending or tax provisions) while signing the rest into law.

Full Faith and Credit Clause

Article IV, Section 1 that requires every state to recognize and respect the public acts, records, and judicial proceedings of all other states

Extradition

the legal process where an alleged criminal offender is surrendered by the officials of one state to the officials of the state where the crime is alleged to have been committed

Privileges and Immunities Clause

(found in Article IV, Section 2 of the U.S. Constitution) prohibits a state from unreasonably discriminating against out-of-state residents and guarantees that citizens of each state are entitled to the fundamental rights of citizens in all other states. Promotes national unity and prevents states from treating citizens of other states as second-class visitors.