Federalism Flashcards
constituent units
unités constitutives
attempt
tentative
feature
caractéristique
to allow
permettre
Throughout
tout au long de
underlay
sous-jacente
Subsequently
Par la suite
plaintiff
plaignant
require
exiger
to arise
naître / surgir
to retain
retenir
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.”
The final amendment in the Bill of Rights. The powers not given to the federal government and not forbidden to the states are reserved to the states or to the people.
McCulloch v. Maryland, 1819
an 1819 Supreme Court decision in which the Justices confirmed that federal law is superior to state laws. This was the first major case on federalism, and it led to a vast expansion of federal powers.
to assert
affirmer
the Necessary and Proper Clause
Article I, Section 8
Which gives Congress the
“power to make all laws which shall be necessary and proper” to accomplish its constitutional
duties
the Supremacy Clause
Article VI
which the Court used to confirm
that federal law was inherently superior to state law
Obamacare
2010
the Affordable Care Act
roughly
grodssièrement
“laboratories of
democracy,”
a phrase coined by Supreme Court Justice Louis Brandeis to describe how a state can experiment with progressive policies without posing great risk to the rest of the country.
retail
commerce de détail
federal overreach
the criticism that the federal government acts unconstitutionally by taking on powers which should be reserved to the states.
(ingérence du gouvernement fédéral
(ex : in Massachusetts))
Dobbs v. Jackson Women’s Health
2022
let the choice to states on the right or not on abortion
Full Faith and Credit Clause
Article IV Section 1
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”
Privileges and Immunities Clause
Article IV Section 2
to prohibit interstate discrimination. Thus, when a citizen of one state visits another state, they will have the same rights (privileges) and the same legal protections (immunities) as any citizen of that state.
only Congress can decide the addition of new states to the Union
Article IV Section 3
an obligation for the federal government to guarantee to the states the
existence of a republican form of government
Article IV Section 4
Due to
En raison de
Federal system
a form of government that divides sovereign power across at least two
political units. In the United states, power is shared between the federal and state
governments
States’ sovereignty / rights
the idea that states are entitled to a certain amount of selfgovernment, free of federal government intervention.
Unitary system
a system in which the national, centralized government holds ultimate
authority.
