Chapter 7- Federalism Flashcards
Federalism
A division of governmental powers between the national government and the states.
Delegated powers
Powers specifically granted to the national government by the Constitution.
Implied powers
Not expressed, but may be considered through the use of the Necessary and Proper (elastic) Clause
Necessary and Proper (Elastic) Clause
Gives Congress the power to pass all laws necessary to carry out their constitutional duties, found on Article I, Section 8, Clause 18; also called “Elastic Clause”.
Inherent powers
Powers that exist for the national government because the government is sovereign.
Concurrent powers
Powers shared by the federal and state governments.
Reserved powers
Powers belonging specifically to the states and the people because they were not delegated to the national government nor denied to the states.
Full Faith and Credit Clause
States are required to recognize the laws and legal documents of other states.
Privileges and Immunities Clause
States are prohibited from unreasonably discriminating against residents of others states.
Extradition
States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the states governor.
Interstate compacts
Agreements between states to work together on common issues.
Supremacy Clause
National law supersedes all other laws passed by states; found in Article VI of the Constitution.
McCulloch vs. Maryland
Supreme Court decision upholding the supremacy of the national government over the states.
Dual federalism
Federal and state governments each have defined responsibilities within their own sphere of influence; “layer cake” federalism.
Cooperative federalism
Cooperation among federal, state, and local governments; “marble cake” federalism