U.S. Federalism and Constitutional Powers: Key Court Cases & Amendments

Federalism

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

Delegated Powers

Powers given specifically to the federal government by the U.S. Constitution, including expressed, implied, and inherent powers.

Expressed Powers

Powers specifically granted to the national government that are written out in the Constitution.

Concurrent Powers

Powers shared by the national and state governments.

Reserved Powers

Powers belonging to state governments, derived from the 10th Amendment.

Implied Powers

Powers that are given to Congress using the Necessary and Proper Clause.

Necessary and Proper Clause

Found in Article I, Section 8, it gives Congress the power to make all laws 'necessary and proper' to carry out its expressed powers.

Supremacy Clause

Found in Article VI, it establishes that the Constitution and federal laws are the supreme law of the land.

Commerce Clause

Gives Congress the power to regulate interstate commerce (trade between states).

Establishment Clause

Found in the First Amendment, it prohibits the government from establishing an official religion or favoring one religion over another.

Bills of Attainder

A law that declares a person or group guilty of a crime and punishes them without a trial.

Ex Post Facto Laws

A law that makes an action illegal after it was committed and punishes someone for something that was legal at the time.

Suspension of Habeas Corpus

The constitutional right that protects people from being held in jail without being told what crime they're accused of.

Coin money

An example of an expressed power granted to the national government.

Postal System

An example of an expressed power granted to the national government.

Maintain military

An example of an expressed power granted to the national government.

Declare War

An example of an expressed power granted to the national government.

Regulate interstate and international commerce

An example of an expressed power granted to the national government.

Immigration

An example of an expressed power granted to the national government.

Negotiate treaties

An example of an expressed power granted to the national government.

Protects civil rights and liberties

An example of a concurrent power shared by national and state governments.

Taxes

An example of a concurrent power shared by national and state governments.

Provide for public safety and health

An example of a concurrent power shared by national and state governments.

Establish courts

An example of a concurrent power shared by national and state governments.

Punish lawbreakers

An example of a concurrent power shared by national and state governments.

Habeas Corpus

A legal principle that protects individuals from arbitrary detention by allowing them to challenge their imprisonment in court.

Exceptions to Suspension

The federal government can suspend habeas corpus only in cases of rebellion, invasion, or when public safety requires it.

General Rule on Habeas Corpus

The federal government cannot suspend habeas corpus except in extreme circumstances.

Key Supreme Court Case: McCulloch v. Maryland (1819)

Established that Congress can create a national bank and states cannot tax the federal government.

Key Supreme Court Case: Marbury v. Madison (1803)

Established judicial review, allowing the Supreme Court to declare laws unconstitutional.

Key Supreme Court Case: Gibbons v. Ogden (1824)

Ruled that Congress has the exclusive power to regulate interstate commerce, overriding state-granted monopolies.

The Bill of Rights

The first ten amendments to the Constitution, created to protect individual freedoms and limit government power.

1st Amendment

Protects five key freedoms: Religion, Speech, Press, Assembly, and Petition the government.

2nd Amendment

Allows individuals to own firearms, originally tied to the idea of a 'well-regulated militia.'

3rd Amendment

Prevents the government from forcing citizens to house soldiers in their homes.

4th Amendment

Protects against unreasonable searches and seizures, requiring warrants based on probable cause.

5th Amendment

Includes rights of the accused such as due process, protection from self-incrimination, and rules for eminent domain.

6th Amendment

Guarantees criminal defendants rights to a speedy and public trial, an impartial jury, and legal representation.

7th Amendment

Guarantees the right to a jury trial in certain civil cases.

8th Amendment

Protects against excessive bail, excessive fines, and cruel and unusual punishments.

9th Amendment

States that people have rights not specifically listed in the Constitution.

10th Amendment

Declares that powers not given to the federal government or denied to the states belong to the states or the people.