Federalism Flashcards
Federalism
The sharing power between the national government and the states.
Unitary System
A system where the central government has all power over sub national governments.
Confederal System
A system where the sub national governments have most of the power.
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.
Exclusive Powers
Powers only the national government may exercise.
Implied Powers
Authority of the federal government that goes beyond its expressed powers; powers not granted specifically to the national government but considered necessary to carry out the enumerated powers.
Commerce Clause
Grants Congress the authority to regulate interstate business and commercial activity.
Necessary & Proper Clause (Elastic)
Language in Article 1, Section 8, granting Congress the powers necessary to carry out its enumerated powers.
Supremacy Clause
Constitutional provision declaring that the Constitution and all national laws and treaties are the supreme law of the land.
10th Amendment
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 & 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 the crime was committed.
Privileges & Immunities Clause
Prevents states from discriminating against people from out of state.
13th Amendment
Constitutional amendment that outlaws slavery.
14th Amendment
Constitutional amendment asserting that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law.
15th Amendment
Constitutional amendment that gave African Americans 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.
Selective Incorporation
The process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on 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.
Grants-in-aid
Federal money provided to states to implement public policy objectives.
Fiscal Federalism
The federal government’s use of grants-in-aid to influence policies in the states.
