Studied by 12 people
Looks like no one added any tags here yet for you.
federalism
A government in which power is divided between the national and state governments
federal system
a system where power is divided between the national and state governments.
enumerated or expressed powers
powers explicitly granted to the national government through the Constitution; also called expressed powers
Exclusive Powers
powers that can be exercised by the national government alone
implied powers
Powers not specifically granted to Congress by the U.S. Constitution that are suggested to be necessary to carry out the powers delegated to Congress under the Constitution.
commerce clause
grants Congress the authority to regulate interstate business and commercial activity
necessary and proper clause
grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause.
supremacy clause
establishes the Constitution and the laws of the federal government passed under its authority as the highest laws of the land
Tenth amendment
reserves powers not delegated to the national government to the states and the people; the basis of federalism
reserved powers
Powers reserved to the state government and the people
concurrent powers
powers granted to both states and the federal government in the Constitution
Full Faith and Credit Clause
constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state
extradition
the requirement that officials in one state return a defendant to another state where a crime was committed
Privileges and Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner.
Thirteenth Amendment
constitutional amendment that outlaws slavery
Fourteenth Amendment
constitutional amendment that provides that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law
Fifteenth Amendment
constitutional amendment that gave African American men the right to vote
Dual Federalism
a form of American federalism in which the states and the nation operate independently in their own areas of public policy (think of layered cake!)
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
Cooperative Federalism
a form of American federalism in which the states and the national government work together to shape public policy (marble cake)
grants-in-aid
federal money provided to states to implement public policy objectives
Gitlow v. New York
The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.
Fiscal Federalism
the federal government's use of grants-in-aid to influence policies in the states
categorical grants
grants-in-aid provided to states with specific provisions on their use
unfunded mandate
federal requirements that states must follow without being provided with funding (think of the Disabilities Act of 1990)
revenue sharing
when the federal government apportions tax money to the states with no strings attached
Devolution
returning more authority to state or local governments
No Child Left Behind Act (2002)
Controversial law that provided states with grant money, if they agreed to give standardized assessment tests to students at various grade levels
Every Student Succeeds Act (2015, replaced NCLB)
Essentially expanded on the NCLB act, it gave states more latitude in setting educational standards, but retained mandatory standardized testing.
Lopez v. US
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. (Congress overstepped the boundaries of the power of states).
Loving v. Virginia (1967)
Struck down state's law banning interracial marriage as violation of the 14th Amendment equal protection clause (Warren Court)
Windsor v. US
Declared DOMA unconstitutional but did not establish the right for same-sex couples to marry. They could now file joint tax returns, claim each others' SS, and have military benefits.
Gonzales v. Raich
(2005) The regulation (ban on homegrown medical marajuana) is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat (Wickard) or marijuana, has a substantial effect on supply and demand in the national market for that commodity.
Obergefell v. Hodges (2015)
Same-sex couples have a constitutional right to marry.
MuCulloch v. Maryland
established that congress has the implied power to charter bank under the necessary and proper clause, and states may not tax the federal government
confederal system
system where states have the most power
unitary system
system where central gov has all power over subnational govs
block grant
type of grant-in-aid that gives state officials more authority in the use of federal funds
Lochner v. New York
declared the New York state law that set maximum working hours for bakers unconstitutional as it violated the fourteenth amendment
