Types of Federalism
Federalism
A system in which power is divided between the national and state governments
Police Power
the authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
states' rights
the rights and powers held by individual US states rather than by the federal government.
United States v. Lopez
The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Concurrent Powers
Powers held jointly by the national and state governments.
Enumerated Powers Clause
Powers given to the national government alone
Natural Rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
McCulloch v. Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government
Competitive Federalism
A form of federalism in which states compete to attract businesses and jobs through the policies they adopt.
sovereign power
the supreme power of an independent state to regulate its internal affairs without foreign interference
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Equality
the state of being equal, especially in status, rights, and opportunities.
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
Reserved Powers
powers that the Constitution does not give to the national government that are kept by the states
Privileges and Immunities Clause
Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.
Social Contract
A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.
Great Compromise
1787; This compromise was between the large and small states of the colonies. The Great Compromise resolved that there would be representation by population in the House of Representatives, and equal representation would exist in the Senate. Each state, regardless of size, would have 2 senators. All tax bills and revenues would originate in the House. This compromise combined the needs of both large and small states and formed a fair and sensible resolution to their problems.
Coercive Federalism
A form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding).
Implied Powers
Powers not specifically mentioned in the constitution
Executive Powers Clause
Part of Article II, Section 1, of the Constitution that states, "The executive Power shall be vested in a President of the United States of America." This broad statement has been used to justify many assertions of presidential power.
Federal Preemption
right of federal government to regulate matters within its power to the exclusion of regulation by the states
Three-Fifths Compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)