Systems of Government & SCOTUS Cases
A system where the central government has all of the power over subnational governments.
Unitary System
Powers explicitly granted to the national government through the Constitution.
Enumerated or Expressed Powers
Grants Congress the authority to regulate interstate business and commercial activity
Commerce Clause
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.
Fourteenth Amendment
A form of American federalism in which the states and the national government operate independently in their own areas of public policy.
Dual federalism
A system where the subnational governments have most of the power.
Confederal System
Powers granted to both states and the federal government in the Constitution.
Concurrent Powers
Grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause.
Necessary and Proper Clause
Reserves powers not delegated to the national government to the states and the people; the basis of federalism.
Tenth Amendment
A form of American federalism in which the states and the national government work together to shape public policy.
Cooperative Federalism
A system where power is divided between the national and state governments.
Federal System
Powers not given to the national government, which are retained by the states and the people.
Reserved Powers
Establishes the Constitution and the laws of the federal government passed under its authority as the highest laws of the land.
Supremacy Clause
Constitutional amendment that outlaws slavery.
Thirteenth Amendment
Grant-in-aid provided to states with specific provisions on their use.
Categorical Grants
This case involves the 10th Amendment. It limits the federal government's ability to pass legislation under the commerce clause and gives more power to the states.
United States v. Lopez
Powers not granted specifically to the national government but considered necessary to carry out the enumerated powers.
Implied Powers
Constitutional clause that prevents states from discriminating against people from out of state.
Privileges and Immunities Clause
Constitutional amendment that gave African Americans the right to vote.
Fifteenth Amendment
Federal requirements the states must follow, without being provided with funding.
Unfunded Mandate
This case established that Congress has the implied power to charter a bank under the Necessary and proper clause, and states may not tax the federal government.
McCulloch v. Maryland
Powers only the national government may exercise.
Exclusive Powers
Constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.
Full Faith and Credit Clause
The 14th Amendment created these two clauses:
1. Equal Protection Clause.
2. Due Process Clause.
A type of grant-in-aid that gives state officials more authority in the disbursement of the federal funds.
Block Grant