Federalism and Constitutional Powers

Expressed/Enumerated Power

Powers specifically and explicitly granted to the national government in the Constitution.

Inherent Power

Powers assumed to belong to a sovereign nation because they are necessary for government operation, even if they are not specifically listed in the Constitution. Examples include making treaties and waging war.

Implied Power

Powers not specifically listed in the Constitution that come from the Necessary and Proper Clause. Congress can create laws and exercise powers needed to carry out its enumerated powers.

Concurrent Power

Powers shared by both the national government and state governments.

Reserved Power

Powers reserved to the states under the 10th Amendment. If a power is not specifically given to the national government and is not prohibited, it is generally reserved to the states or the people.

Necessary and Proper Clause

Allows Congress to make laws necessary and proper to carry out its enumerated powers. It is the constitutional basis for implied powers.

Elastic Clause

Another name for the Necessary and Proper Clause because it allows the federal government's powers to expand to carry out its enumerated powers.

Supremacy Clause

States that the Constitution, federal laws, and treaties are the supreme law of the land. When valid federal and state laws conflict, federal law takes priority.

Commerce Clause

Gives Congress the power to regulate commerce among the states, with foreign nations, and with Native American tribes.

10th Amendment

States that powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved to the states or the people.

McCulloch v. Maryland

Supreme Court case that established implied powers and reinforced federal supremacy. Maryland tried to tax the Second Bank of the United States, but the Court ruled that Maryland could not interfere with a constitutional federal institution.

McCulloch v. Maryland — Implied Powers

The Court ruled that Congress had the implied power to create a national bank because doing so helped Congress carry out its enumerated powers.

McCulloch v. Maryland — Federal Supremacy

The Court ruled that Maryland could not tax the federal bank because valid federal laws and institutions are superior to conflicting state actions.

Brutus

Anti-Federalist who argued that the Constitution could allow the national government to become too powerful and threaten state authority.

Brutus — Necessary and Proper Clause

Brutus feared the clause would allow Congress to interpret its powers broadly and expand federal authority.

Brutus — Supremacy Clause

Brutus feared federal authority could override state laws and weaken the power of state governments.

Madison

Federalist who argued that federal powers would remain limited because the Constitution only granted the national government specific powers.

Madison — Federalism

Madison argued that dividing power between national and state governments would prevent too much power from being concentrated in one government.

Brutus vs. Madison

Brutus feared the Constitution would lead to excessive national power; Madison argued that constitutional limits and divided power would prevent federal overreach.

U.S. v. Lopez

1995 Supreme Court case in which the Court struck down the Gun-Free School Zones Act because Congress had exceeded its Commerce Clause authority.

U.S. v. Lopez — Commerce Clause

The Court ruled that possessing a gun near a school was not sufficiently connected to interstate commerce to justify federal regulation.

U.S. v. Lopez — Federalism

The case limited Congress's Commerce Clause power and reinforced that there are constitutional limits on federal authority.

Dual Federalism

A system in which national and state governments have separate and distinct areas of authority, with limited overlap.

Dual Federalism — Time Period

Generally associated with the 1780s through the 1930s. Also called "layer-cake federalism."

Cooperative Federalism

A system in which national and state governments work together and share responsibility for governing and creating policy.

Cooperative Federalism — Time Period

Generally associated with the 1930s through the 1960s, especially during the New Deal and Great Society.

Cooperative Federalism — Nickname

"Marble-cake federalism" because the responsibilities of national and state governments are mixed together.

New Federalism

A movement toward giving states more power, responsibility, and flexibility while reducing the role of the national government in some areas.

New Federalism — Time Period

Became prominent beginning in the 1970s and was especially associated with presidents such as Richard Nixon and Ronald Reagan.

Devolution

The transfer of power and responsibility from the national government to state governments.

Devolution — Federalism Connection

Devolution is associated with New Federalism because both emphasize shifting responsibility and authority toward the states.

10th Amendment — Reserved Powers Connection

The 10th Amendment provides the constitutional basis for reserved powers and reinforces the division of power between the national and state governments.

Block Grant

Federal money given to states for a broad policy area, allowing states substantial flexibility in deciding how to spend it.

Categorical Grant

Federal money given to states or local governments for a specific purpose, usually with detailed requirements and conditions.

Block Grant vs. Categorical Grant

Block grants provide states with more flexibility; categorical grants are restricted to specific purposes and conditions.

Federal Mandate

A federal requirement that state or local governments must follow, sometimes requiring them to spend money to comply.

National Government Powers

Powers include declaring war, conducting foreign policy, making treaties, regulating interstate commerce, taxing, coining money, maintaining national defense, and establishing immigration policy.

State Government Powers

Powers include conducting elections, establishing schools, issuing professional licenses, regulating intrastate businesses, creating local governments, and protecting public safety.

Concurrent Government Powers

Powers shared by national and state governments, including taxing, borrowing money, creating courts, and enforcing laws.