overview of US federal system

Sovereignty

Ultimate governing authority, with no legal superior; make rules and laws with ultimate authority.

Dual Sovereignty

Two levels of government each having power over certain areas of land.

Unitary System

A system where the central government is sovereign and retains the authority to eliminate regional governments.

Confederal System

A union of independent sovereign governments that cooperate on specific matters, retaining ultimate authority over their areas.

Federal System

A system established by the Constitution where national and state governments each have sovereignty over their designated powers.

Enumerated Powers

Powers specifically listed in Article I of the Constitution that Congress is authorized to exercise.

Implied Powers

Powers that are not explicitly stated in the Constitution but are inferred as necessary for Congress to fulfill its duties.

Necessary and Proper Clause

Also known as the elastic clause, it provides Congress the ability to make laws deemed necessary for exercising its enumerated powers.

Tenth Amendment

The amendment that reserves powers not delegated to the federal government to the states or the people.

Horizontal Federalism

The relationships and obligations that states have to one another under Article IV of the Constitution.

Concurrent Powers

Powers shared by both the national and state governments, such as taxation and lawmaking.

Reserved Powers

Powers that are reserved specifically for the states, not delegated to the federal government.

Article IV

Section of the Constitution that outlines the obligations of states to each other, establishing federalism and mutual respect among states.

Incorporation

The application of the Constitution's protections to the states through the 14th Amendment.

Native American Treaty Rights

Rights recognized by the federal government allowing tribes to hunt, fish, and gather on their reservations and public lands.

Interstate Compacts

Agreements between states that are approved by Congress, facilitating cooperation on mutual issues.

Privileges and Immunities Clause

Part of Article IV that ensures citizens of each state are treated equally in other states.

Full Faith and Credit Clause

A clause in Article IV that requires states to recognize the public acts and judicial decisions of other states.

Separation of Powers

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

Checks and Balances

A system that ensures that no one branch of government becomes too powerful by giving each branch the ability to restrain the powers of the others.

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Constitutional Supremacy

The principle that the Constitution is the supreme law of the land, overriding any conflicting laws or treaties.

Intergovernmental Relations

The interactions and relationships between different levels of government, including local, state, and federal.

Bicameralism

The division of a legislature into two separate assemblies or chambers.