AP Gov - Constitution and Federalism

Unconstitutional

a law or action that violates the constitution

Advice and Consent Clause

clause that gives the senate power to review and approve laws (or reject) presidential appointments & treaties

Necessary and Proper Clause (elastic clause)

clause that gives the Congress the power to make laws needed to carry out its enumerated powers

Commerce Clause

a clause that gives the Congress the power to regulate trade with foreign nations, between states, and with Native American tribes

Marbury v. Madison

a major Supreme Court case that established judicial review , the power of the courts to declare laws and executive actions unconstitutional

Contract Clause

a clause that prohibits states from passing any law that impairs the obligation of contracts

Eminent Domain

the government’s power to take private property for public use, with fair compensation, under the 5th amendment

Faithfully Executed Clause

a constitutional requirement that the President must ensure laws are property enforced

Federalist v.s. Antifederalist

Federalists supported strong national government v.s. Anti-federalists supported strong state governments (weak central)

Expressed/Enumerated Powers

powers specifically spelled out in the Constitution

Implied Powers

powers not explicitly stated in the Constitution but assumed to exist to carry out expressed powers

Inherent Powers

powers the government naturally has as sovereign nation, but listed in the Constitution

Reserved powers

powers held by states, not given in the federal government, under the 10th amendment

10th Amendment

states that powers not given in the federal government are reserved for the states or the people

Concurrent powers

powers shared by both the federal and state government

Supremacy clause

clause that established that federal law is the “supreme law of the land,” overriding state laws

Doctrine of nullification

the idea that states can reject or ignore federal laws they believe are unconstitutional

Doctrine of succession

the belief that states have the right to leave (secrete from) the Union

Fiscal federalism

the use of federal funds (grants) to influence state and local government policies

Categorical grants

federal funds given to states for a specific purpose, often with strict rules

Block grants

federal funds given to states with broad flexibility on how to spend them

Federal mandates

federal rules that states must follow, often without funding

Full faith & Credit clause

a clause that requires states to recognize the legal acts, records, and court decisions

Cooperative federalism (marble cake)

a system where federal, state, and local governments work together to solve problems and share powers