American Government: Federalism and Constitutional Powers

Vocabulary flashcards reviewing key concepts, court cases, and terms of American federalism and the U.S. Constitution.

Equal rights amendments

A constitutional amendment passed by Congress in 1972 stating that equality of rights under the law shall not be denied or abridged by The United States or by any state on account of sex, which failed to acquire the necessary support from three fourths of the state legislature.

Marbury versus Madison

The 1803 case in which the Supreme Court asserted its power to determine the meaning of the US constitution, establishing the court's power of judicial review over acts of Congress.

Judicial review

The power of the courts to determine whether acts of Congress and those of the executive branch are in accord with The US constitution, established by Marbury versus Madison.

Federalism

A way of organizing a nation so that two or more levels of government share formal authority over the same area and people.

Unitary government

A central government that holds supreme power in a nation, representing most national governments today.

Intergovernmental relations

The entire set of interactions among national, state, and local governments, including regulations, transfer of funds, and the sharing of information that constitute the workings of the federal system.

Supremacy clause

The clause in Article VI of the constitution that makes the constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits.

The tenth amendment

The constitutional amendment stating the powers are not delegated to The United States by the constitution nor prohibited by it to the states are reserved to the states respectively or to the people.

McCulloch versus Maryland

An 1819 Supreme Court decision led by Chief Justice John Marshall that established the supremacy of the national government over state governments and held that Congress had certain implied powers in addition to enumerated powers.

Enumerated powers

Powers of the federal government that are listed explicitly in the constitution, such as Article I, Section 8 granting Congress the power to coin money, regulate its value, and impose tax.

Implied powers

The powers of the federal government that go beyond those enumerated in the constitution, in accordance with the statement that Congress has the power to make all laws necessary and proper for carrying into execution.

Elastic clause

The final paragraph of Article I, Section 8 of the constitution, which authorizes Congress to pass all laws necessary and proper to carry out the enumerated powers.

Gibbons versus Ogden

A landmark case decided in 1824 in which the Supreme Court interpreted Article I, Section 8 very broadly and defined the power of Congress to regulate interstate commerce as encompassing virtually every form of commercial activity.

Full faith and credit

A clause in Article IV of the constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.

Extradition

A legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed.

Privileges and immunities

The provision of the constitution according citizens of each state the privileges of citizens of any state in which they happen to be.

Dual federalism

A system of government in which the states and the national government each remain supreme within their own spheres, each with different powers and policy responsibilities.

Cooperative federalism

A system of government in which states and the national government share powers and policy assignment.

Devolution

Transferring responsibility for policies from the federal government to state and local governments.

Fiscal federalism

The pattern of spending, taxing, and providing grants in the federal system, serving as the cornerstone of the national government's relations with state and local governments.

Categorical grants

Federal grants that can be used only for specific purposes or categories of state and local spending, which come with strings attached such as nondiscrimination provisions.

Project grants

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications.

Formula grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.