U.S. Federalism and Constitutional Rights: Key Concepts and Supreme Court Cases

Federalism

Power is split between the national (federal) government and the state governments.

Goal of Federalism

Prevent tyranny + let states handle local issues while the federal government handles national issues.

Expressed (Enumerated) Powers

Written directly in the Constitution.

Examples of Expressed Powers

Coin money, postal system, maintain military, declare war, regulate interstate and international trade, immigration, treaties.

Concurrent Powers

Both state AND federal powers.

Examples of Concurrent Powers

Protect civil rights, taxes, public safety, courts, punish lawbreakers, borrow money, roads.

Reserved Powers

Powers held by the states.

10th Amendment

Powers not given to federal gov go to states/people.

Examples of Reserved Powers

Local government, schools, marriage/divorce/adoption, intrastate trade, fire/police, elections, licenses.

Implied Powers

Not written; come from Necessary & Proper Clause.

Examples of Implied Powers

Draft, nuclear weapons regulation, paper money, immigration laws.

Necessary & Proper Clause

Congress can make laws needed to carry out expressed powers.

Supremacy Clause

Federal law is highest; wins over state law.

Commerce Clause

Congress controls interstate trade.

Establishment Clause

Government cannot establish or favor a religion.

Bills of Attainder

Government cannot punish without trial.

Ex Post Facto Laws

Cannot punish someone for something that was legal when they did it.

Suspension of Habeas Corpus

Cannot jail without telling charges except in rebellion/invasion emergencies.

McCulloch v. Maryland

Congress can create a national bank; states cannot tax federal government.

Marbury v. Madison

Established judicial review.

Gibbons v. Ogden

Congress controls interstate commerce.

1st Amendment

RAPPS: religion, assembly, press, petition, speech.

2nd Amendment

Right to bear arms.

3rd Amendment

No quartering soldiers.

4th Amendment

No unreasonable searches; warrants needed.

5th Amendment

Due process, no self-incrimination, no double jeopardy, eminent domain rules.

6th Amendment

Speedy public trial, jury, know charges, confront witnesses, lawyer.

7th Amendment

Right to jury in civil cases.

8th Amendment

No cruel/unusual punishment.

9th Amendment

People have more rights not listed in the Constitution.