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10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

14th Amendment

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Commerce Clause

Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

Necessary and Proper Clause

Congress has the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Full Faith and Credit Clause

States are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, driver's licenses, wills.

Privileges and Immunities Clause

States are prohibited from unreasonably discriminating against residents of other states. Nonresidents may travel through other states; buy, sell, and hold property; and enter into contracts.

Extradition

States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.

Republican form of government

A guarantee provided to the states under Article IV of the Constitution.

Protections against foreign invasion

A guarantee provided to the states under Article IV of the Constitution.

Protections against domestic violence

A guarantee provided to the states under Article IV of the Constitution.

Respect for the geographic integrity of states

A guarantee provided to the states under Article IV of the Constitution.

Supremacy Clause

Article VI of the United States Constitution which states that the Constitution, its laws and treaties shall be the "supreme law of the land."

McCulloch v. Maryland

A Supreme Court case that upheld the Supremacy Clause.

Gibbons v. Ogden

A Supreme Court case that expanded the powers of Congress over interstate commerce.

Advantages of Federalism

Ideally suited to large geographic area because it encourages diversity in local government.

Avoids concentration of political power

An advantage of federalism.

Accommodated already existing state governments

An advantage of federalism.

States serve as training grounds for national leaders

An advantage of federalism.

Keeps government close to the people

An advantage of federalism.

Disadvantages of Federalism

Inflexibility inherent in a written constitution.

Complexity of federalism

Complex, with many governments to deal with.

Duplication of offices and functions

A disadvantage of federalism.

Conflicts of authority

Conflicts of authority may arise as a disadvantage of federalism.

Maryland v. McCulloch (1819)

The Supreme Court ruled that the authority to create a national bank can be implied by the Necessary and Proper Clause, establishing the implied powers of the national government.

Gibbons v. Ogden (1824)

The Supreme Court defined commerce as including all business dealings and ruled that the national government has exclusive power to regulate interstate commerce.

United States v. Lopez (1995)

The Supreme Court declared the Gun Free School Zones Act unconstitutional, marking a shift in the interpretation of the Commerce Clause.

Gun Free School Zones Act of 1990

A federal law making it a federal offense for any individual knowingly to possess a firearm in a school zone.

Dual Federalism

The concept of federalism from 1789-1932 where national and state governments remain supreme within their own spheres of influence, often referred to as 'layer cake federalism.'

Layer Cake Federalism

A metaphor for dual federalism where each level of government is seen as separate from the other.

Alfonso Lopez

The individual who challenged the Gun Free School Zones Act after being charged for carrying a concealed weapon into his high school.

5-4 Decision

The vote outcome of the Supreme Court in the United States v. Lopez case, which supported Lopez's argument against the Gun Free School Zones Act.

Federalism

The division of power between national and state governments, which has evolved over time to meet societal changes.

National Supremacy

The principle that the national government has authority over state governments in certain areas.

Interstate Commerce

Trade and business activities that cross state lines, which the national government has the exclusive power to regulate.

Constitutional Overreach

A situation where Congress exceeds its powers as defined by the Constitution, as seen in the ruling of United States v. Lopez.

State Authority

The power that state governments have to regulate matters within their own borders, separate from federal authority.

Federal Government Authority

The powers and responsibilities granted to the national government by the Constitution.

Economic Activity Regulation

The national government's use of the Commerce Clause to regulate various areas of economic activity.

Supreme Court

The highest court in the United States, which has the final authority on constitutional interpretation.

Marshall Court

The Supreme Court under Chief Justice John Marshall, known for establishing the principles of federalism and the authority of the national government.

Constitutional Interpretation

The process by which the Supreme Court and other courts determine the meaning and application of the Constitution.

Violent Crime Impact

The argument made by the federal government in United States v. Lopez that gun violence in schools affects the well-being of the population.

Cooperative Federalism

The cooperation of the national and state governments to build the national interstate highway system beginning in the 1950s.

Great Society

The expansion of cooperative federalism during President Lyndon B. Johnson's Great Society required even greater cooperation from the states in return for federal grants.

New Federalism

A reversal of cooperative federalism aimed at placing more responsibility on the states about how grant money would be spent.

Devolution

A transfer of power to political subunits, used to describe the goals of new federalism.

Welfare Reform Legislation

An example of new federalism that has returned more authority over welfare programs to the states.

Fiscal Federalism

The national government's patterns of spending, taxation, and providing grants to influence state and local governments.

Grants-in-aid Programs

Money and resources provided by the federal government to the state and local governments to be used for specific projects or programs.

Categorical Grants

Grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs.

Project Grants

Categorical grants awarded on the basis of a competitive application, such as university research grants.

Formula Grants

Categorical grants awarded on the basis of an established formula, such as Medicaid.

Block Grants

General grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services.

Revenue Sharing

A 'no strings attached' form of aid to state and local governments, proposed under the Johnson administration and popular under the Nixon administration.

Mandates

Requirements imposed by the national government on the state and local governments, such as the Americans with Disabilities Act (1990).

Unfunded Mandates

Mandates that require state or local governments to meet the requirement at their own expense.

Unfunded Mandate Reform Act

Legislation passed by the Republican-controlled Congress after the mid-term elections of 1994 that imposed limitations on Congress's ability to pass unfunded mandate legislation.

Administer elections

The process of organizing and conducting elections.

Establish local governments

The creation of governing bodies at the local level.

Borrow money

The act of obtaining funds with the promise to repay them later.

Establish public school systems

The creation and maintenance of educational institutions funded by the government.

Coin and print money

The authority to create currency for use in the economy.

Conduct foreign relations

The management of relationships and dealings with other countries.

Levy taxes

The act of imposing financial charges on individuals or entities by the government.

Make all laws 'necessary and proper'

The power to create laws that are essential for executing the government's powers.

Declare war

The formal act of a government announcing a state of war against another entity.

Protect the public's health, welfare, and morals

The responsibility of the government to ensure the well-being and ethical standards of its citizens.

Enact and enforce laws

The process of creating and implementing legal statutes.

Provide an army and a navy

The obligation to maintain military forces for national defense.

Establish courts

The creation of judicial bodies to interpret and apply the law.

Regulate foreign and interstate commerce

The authority to oversee trade and business activities across state and national borders.

Establish federal courts below the Supreme Court

The creation of lower courts within the federal judiciary system.

Regulate intrastate commerce

The authority to oversee trade and business activities within a single state.

Spend for the general welfare

The allocation of government funds for the benefit of the public.

Concurrent powers

Powers that belong to both the national and the state governments.

Delegated powers

Expressed, or enumerated, powers given specifically to the national government.

Implied powers

Powers that may reasonably be inferred from the Constitution.

Inherent powers

Powers that exist for the national government because the government is sovereign.

Prohibited powers

Powers that are denied to the national government, state governments, or both.

State Reserved powers

Powers belonging specifically to the states because they were neither delegated to the national government nor denied to the states.

Interstate compacts

States may make agreements to work together to solve regional problems.