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unitary system
power is centralized in one central government (ex. Great Britain)
federal system
power is divided between a central government and several state/local governments (ex. USA)
confederal system
power is primarily vested in individual states, bound together by a weak central government (ex. US under articles of confederation)
why did the founders establish a federal system
to avoid tyranny by dividing power between multiple levels of government and because confederation hadn’t worked for us in the past-central government too weak
supremacy clause
declares the constitution and all federal laws, treaties, ect. as being the supreme law of the land
in the Supremacy clause states may not__________
conflict with or nullify the federal law
enumerated (expressed) powers
listed directly in the constitution (ex. declare war, coin money, ect.)
implied powers
additional powers that are reasonably granted from the expressed powers
inherent powers
assumed powers given to a recognized sovereign state/national government (ex. acquire territory)
state powers
not listed in the constitution, but given through the 10th amendment: all powers not expressly given to the national governmtn, not prohibited, are reserved for the states
reserved powers
state powers (ex. establish schools, regulate intrastate commerce, etc.)
concurrent powers
powers shared by both federal and state governments can exercise (ex. tax exports)
who settles conflicts
supreme court
people usually favor states’ rights or ____________
federal rights
dual federalism
clear separation- even tension, powers of each level of government are more defined and narrow, difficult to maintain
cooperative federalism
growth during new deal, shared powers, shared costs, blurred lines, allows federal government more power and control
layer cake
dual federalism (clear separation of powers)
marble cake
cooperative federalism )powers end up mixing between levels of government)
commerce clause
federal government had the right to regulate interstate and foreign commerce/trade
commerce clause has been used to increase the power of the _____________ over time
national government
gibbons vs. ogden
the power to regulate interstate commerce (in this case, waterways) is the exclusive power of the federal congress
US vs. Lopez
struck down a federal law banning guns in school zones (not interstate)
Printz vs. US
the national government cannot force state governments to carry out a federal regulatory program
full faith and credit clause
states are required to honor the court proceedings, contracts, and acts of other state governments
privileges and immunities clause
prevents states from depriving right (privleges) to citizens who reside in different states
fiscal federalism
states rely heavily in the federal government for funding
grants-in-aid
federal grants given to states or local governmets- helps to pay for everyday expenses