Unit 3 - Federalism

46. Federalism*

System of government where power is shared between national government and the local governments (states)

47. Confederation

features strong, sovereign member states with a weak central government

48. Unitary system

A system of governance in which a single central government holds the majority of power, with limited authority given to regional or local governments.

49. McCulloch v. Maryland (1819) – Required Supreme Court Case

Necessary and Proper (elastic) clause allows Congress to take actions that are essential to a power congress has (ex: national bank)

Affirmed Supremacy clause of article 6

States cannot tax federal government

50. Gibbons v. Ogden (1824)

Commerce clause gives national government exclusive power to regulate interstate commerce

Steamboats and NY waterways

51. United States v. Lopez (1995) – Required Supreme Court Case

Guns in a school zone case…but focus=commerce clause

National government may not use the commerce clause to regulate matters nor related to interstate commerce

52. Delegated/Expressed/Enumerated powers*

Given to the U.S. government (declare war, coin money, create army)

53. Reserved powers*

Powers saved for the states (traffic laws, education, issue licenses, elections)

54. Concurrent powers*

Shard between U.S. and States (taxation, road building, prisons, borrow money)

56. Full Faith and Credit clause*

requires states to respect the public acts, records, and judicial proceedings of other states (drivers license)

57. Privileges and Immunities clause*

prevents states from discriminating against citizens of other states who are trying to exercise fundamental rights within their borders

58. Extradition

the formal process where one jurisdiction (state or country) surrenders an individual to another jurisdiction to face criminal prosecution or punishment for a crime committed in the latter.

59. Supremacy clause*

Conflicts between federal and state law are resolved in favor of federal law when constitutional power has been given to the federal government

60. Dual federalism (Layer cake federalism)

U.S. government was supreme in its sphere, the states are supreme in their sphere, the two remain separate

61. Cooperative federalism (Marble cake federalism)

U.S. government and states work together to carry out functions

62. Categorical grants

money given for a specific

purpose defined by federal law

• Preferred by Nationalists

• Ex: Head Start, Medicaid, Food Stamps

63. Block grants

grants given for a general purpose

• Preferred by States’ Righters

64. Devolution

Idea of returning the power to the states

65. Mandates

ruling a state must follow from the federal

government

• May be funded or unfunded

55. Commerce Clause

Congress the power to regulate commerce with foreign nations, among the several states

66. Necessary and proper clause (Elastic clause)

grants Congress the power to make all laws that are "necessary and proper" for carrying out its enumerated powers and other powers vested in the federal government.

67. Nullification

idea that states can declare null and

void a federal law that, in the states’ opinion, violates the

Constitution

• Ruled unconstitutional by the Supreme Court

68. Revenue sharing

money given that can be used for

any government purpose

69. Waiver

permission to violate a law or rule

70. Express preemption / preemption

Federal government uses laws to block/override state

laws