Federalism and Government Powers: Key Concepts and Court Clauses

Federalism

The division of power between national and state governments.

Necessary and Proper Clause

The constitutional basis for the implied powers.

Expressed powers

Powers that are fully spelled out in the Constitution.

Inherent powers

Powers that are not written in the Constitution, but are assumed by the National government because they are powers that national governments have historically possessed.

Denied powers

Powers that are expressly prohibited to either National or State governments.

Reserved powers

Powers that are not given to the National government and not prohibited to be exercised by the States.

Exclusive powers

Powers that are solely held by the National Government.

Concurrent powers

Powers that are exercised by both the State and National governments.

Block grants

Grants provided for a very broadly defined purpose.

Categorical grants

Grants that are made for a specific and closely defined purpose.

Interstate compacts

Agreements made between states with the consent of Congress.

Full Faith and Credit Clause

Requires that states respect the laws, legal documents, and judicial proceedings of other states.

Extradition

The legal process by which fugitives from justice are returned to the state or country where a crime was committed.

Privileges and Immunities Clause

Requires that States do not draw unreasonable distinctions between its own residents and those persons who happen to live in another state.

Cooperative Federalism

A system of federalism where programs and authority are mixed among the national, state, and local governments.

Federal Grants-in-Aid programs

Programs that allow the federal government to influence policy in areas it does not contain power by the Constitution.

The Constitution's required assurances to states

Republican form of government, protection against invasion and domestic violence, respect the territorial integrity of the states.

Method for a territory to become a state

Request admission, Enabling Act, Popular vote, Congressional Approval, Act of Admission, Presidential signature.

Regulating immigration

An inherent power of the national government.

Acquiring territory

An inherent power of the national government.

Local units of government

Created by the states and can be disbanded (destroyed) by the states.

Forms of federal aid to state governments

Grants, census, law enforcement (FBI), lulu payments, funding National Guard units.

Forms of state aid to the national government

Holding national elections, performing the process of naturalization, and law enforcement.