Federalism, Constitutional Powers, and Civil Liberties

Vocabulary flashcards covering key terms from federalism, constitutional powers, and civil liberties discussed in the notes.

Federalism

A system of government where power is divided between a national (federal) government and state governments, allowing diverse policies and closer governance to the people.

Diversity of state interests

Variation in policy goals and laws across states, prompting a federal system to balance differing approaches.

Expressed (Enumerated) powers

Powers explicitly listed in Article I, Section 8 of the Constitution.

Implied powers

Powers inferred from the Necessary and Proper Clause that allow Congress to carry out its enumerated powers.

Elastic Clause / Necessary and Proper Clause

Clause permitting Congress to enact laws needed to execute its enumerated powers.

Reserved powers

Powers not delegated to the federal government belong to the states (Tenth Amendment).

Concurrent powers

Powers shared by both federal and state governments.

Privilege and Credit Clause (Article Four, Section One)

Citizens moving between states retain the privileges and rights of U.S. citizenship.

Privilege and Immunity Clause (Article Four, Section Two)

States cannot deny fundamental rights to citizens of other states; protects things like in-state treatment for out-of-state residents.

In-state tuition

State residents’ lower in-state college tuition; protected by the Privilege and Immunity Clause from discrimination against new residents.

Interracial marriage

Marriage between people of different races; recognized across states under the Privilege and Immunity framework; addressed by Supreme Court rulings.

Same-sex marriage

Marriage between individuals of the same sex; recognition across states with federal protection; involves Privilege and Immunity considerations.

Massachusetts health care reform

State-level health insurance expansion used as a model that influenced federal reform (Obamacare) as an example of state innovation.

No Child Left Behind

A federal education policy increasing national standards and oversight, illustrating cooperative/regulated federalism.

Dual Federalism

Early form of federalism with clearly separated and equal spheres of power for the national and state governments.

Cooperative Federalism

A period where national and state governments collaborate to solve problems, often sharing powers and funding.

Regulated Federalism

Federalism era emphasizing federal standards and oversight over state actions (e.g., education policy under certain administrations).

New Federalism

Nixon/Reagan era to shift power back to the states via mechanisms like block grants and revenue sharing.

Block Grants

Federal funds given to states with broad purposes, allowing more state discretion in spending.

Revenue Sharing

Federal funds provided to states with few if any strings attached, promoting state flexibility.

First Amendment

Constitutional protection against government establishment of religion, guarantees of free exercise, and freedoms of speech, press, assembly, and petition.

Freedom of Speech

Right to express ideas without government interference; central to debates about limits and protections of expression.