Key Concepts in Federalism and U.S. Constitutional Principles

Federalism

A system in which power is divided between the national and state governments

Unitary System

A government that gives all key powers to the national or central government

Confederal System

a system where the subnational governments have most of the power

Federal System

A government that divides the powers of government between the national government and state or provincial governments

Expressed powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"

Exclusive Powers

powers that can be exercised by the national government alone

Implied powers

Powers inferred from the express powers that allow Congress to carry out its functions.

Due Process Clause

clause in the Fourteenth Amendment that restricts state governments from denying persons their life, liberty, or property without legal safeguards.

Equal Protection Clause

clause of the Fourteenth Amendment that requires the states to treat all persons alike with regard to application of the laws; clause that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, sex, gender, and other characteristics.

Commerce Clause

clause that grants Congress the authority to regulate interstate business and commercial activity.

Proper Clause

clause that grants the federal government the authority to pass laws required to carry out its enumerated powers; language in Article I, Section 8 granting Congress the power necessary to carry out its enumerated powers.

Supremacy Clause

clause or constitutional provision that establishes the Constitution and the laws and treaties of the federal government passed under its authority as the highest laws of the land.

10th Amendment

clause that reserves powers not delegated to the national government to the states and the people; the basis of federalism.

Reserved Powers

powers not given to the national government, which are retained by the states and the people.

Concurrent Powers

powers granted to both states and the federal government in the Constitution.

Full Faith Clause

constitutional clause requiring states to recognize the public acts, records, and civil court proceedings of another state.

Extradition

the requirement that officials in one state return a defendant to another state where the defendant allegedly has committed a crime.

Privileges Clause

constitutional clause that prevents states from discriminating against people from out of state.

13th Amendment

constitutional amendment passed in 1865 that prohibits slavery within the United States.

14th Amendment

constitutional amendment passed in 1868 that provides that persons born or naturalized in the United States are citizens and prohibits states from denying persons due process or equal protection under the law; places restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States.

15th Amendment

constitutional amendment passed in 1870 that prohibits the denial of voting rights on the basis of race, color, or previous condition of servitude, which gave Black male citizens the right to vote.

Selective Incorporation

the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis; the case-by-case process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments.

Grants-in-aid

federal money provided to states to implement public policy objectives.

Categorical Grants

national funding to the states where spending is specifically restricted to certain categories.

Mandate

federal requirements that states must follow.

Block Grant

a type of grant preferred by states that gives state officials more authority over how federal funds are spent.

Revenue Sharing

when the federal government apportions tax money to the states with no strings attached.

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