study guide for gov

Federalism vs. Unitary vs. Confederal Systems

Federalism shares power between federal and state governments; a unitary system concentrates primary authority in the central government; a confederal system leaves primary power with individual states.

Expressed powers vs. Implied powers

Expressed powers are explicitly stated in the Constitution (e.g., coining money), whereas implied powers are not explicitly written but are necessary to carry out expressed powers (e.g., creating a national bank).

Tenth Amendment

Constitutional amendment establishing that powers not delegated to the federal government nor prohibited to the states belong to the states or the people.

Reserved powers

Powers held specifically by state governments rather than the national government, such as establishing public schools and conducting elections.

Concurrent powers

Powers exercised simultaneously by both state and national governments, such as levying taxes and borrowing money.

Inherent powers

Powers held by the national government simply because it represents a sovereign nation-state, such as controlling national borders and regulating immigration.

Marbury v. Madison (1803)

Landmark Supreme Court decision that established judicial review, allowing the judiciary to declare legislative or executive acts unconstitutional.

McCulloch v. Maryland (1819)

Landmark Supreme Court case ruling that Congress possesses implied powers under the Necessary and Proper Clause and that states cannot tax or interfere with valid federal actions.

Supremacy Clause (Article VI, Clause 2)

Constitutional rule establishing that the U.S. Constitution and federal statutes override conflicting state laws.

Elastic Clause (Article I, Section 8, Clause 18)

Provision authorizing Congress to make all laws 'necessary and proper' for executing its enumerated powers, allowing federal authority to adapt over time.

Full Faith and Credit Clause (Article IV, Section 1)

Constitutional mandate requiring states to recognize the public acts, records, and judicial proceedings of every other state.

Extradition Clause

Constitutional process requiring an accused criminal who flees to another state to be returned to the state where the crime was committed.

Privileges and Immunities Clause

Constitutional provision protecting citizens from unreasonable state discrimination when traveling or doing business out of state, with limited exceptions such as state university tuition.

Interstate compact

A formal agreement between two or more states to manage shared regional issues, often requiring congressional approval.

Dual federalism vs. Cooperative federalism

Dual federalism ('layer cake') maintains strict separation between national and state powers, while cooperative federalism ('marble cake') involves shared responsibilities and joint policy implementation.

Categorical grants vs. Block grants

Categorical grants target specific, narrowly defined programs, whereas block grants provide flexible funding for broad policy areas, giving states greater spending freedom.

Unfunded mandates

Federal requirements that states or local governments must fulfill without receiving adequate federal funding to cover costs.

Formal Amendment Process (Article V)

The standard procedure requiring proposal by a two-thirds vote in both houses of Congress and ratification by three-fourths of state legislatures.

Checks and balances

System allowing each branch of government to restrain or limit the actions of the other branches, such as executive vetoes and legislative veto overrides.

Popular sovereignty

Foundational principle that political power originates from and depends on the consent of the people.

Separation of powers

Division of governmental authority across three distinct branches—legislative, executive, and judicial—to prevent central concentration of power.