Federal Power and Structure
Powers only held by the national government, such as coining money or declaring war.
What are exclusive (expressed powers)?
Powers set aside for the states by the Tenth Amendment, such as establishing local governments and conducting elections.
What are reserved powers?
Establishes the powers and structure of the Legislative Branch (Congress).
What is Article I?
Refers to the relationship between the national government and the states (up and down).
What is Vertical Federalism?
Article IV provision giving Congress the power to add new states to the Union.
What is the Admitting States Clause?
Powers of the national government not explicitly stated in the Constitution but derived from the Necessary and Proper Clause.
What are implied powers?
Powers shared by both the national and state governments, such as taxing, building roads, and establishing courts.
What are concurrent powers?
Establishes the powers and structure of the Executive Branch (President).
What is Article II?
Refers to the relationship among the states themselves (side to side).
What is Horizontal Federalism?
Promises that every state will have a government run by elected leaders and will be protected from invasion or violence.
What is the Guarantee Clause?
Article I, Section 8, Clause 18 of the Constitution, giving Congress the authority to make laws needed to carry out its expressed powers (also called the Elastic Clause).
What is the Necessary and Proper Clause?
A system where national and state governments are seen as distinct and separate entities, operating within their own clearly defined spheres of authority (“layer cake” federalism).
What is dual federalism?
Establishes the powers and structure of the Judicial Branch (Supreme Court and lower courts).
What is Article III?
Article IV requirement that states must recognize the public acts, records, and judicial proceedings of all other states (e.g., marriage or driver’s licenses).
What is the Full Faith and Credit Clause?
Says that legal decisions, public records, and official documents from one state must be accepted by all other states.
1819 Supreme Court case that confirmed the supremacy of national law over state law and established the doctrine of implied powers.
What is McCulloch vs Maryland?
A system where the national and state governments work together to complete projects and implement policies (“marble cake” federalism).
What is cooperative federalism?
Addresses the relationships between the states and the national government's obligations to the states.
What is Article IV?
Article IV requirement that states must return a person charged with a crime in another state to that state for trial or imprisonment.
What is the Extradition Clause?
Although heavily debated, out of state tuition does not violate this clause of Article IV.
What is the Privileges and Immunity Clause?
Article VI of the Constitution, stating that the Constitution and federal laws are the supreme law of the land.
What is the National Supremacy Clause?
The pattern of spending and providing grants in the federal system; the use of federal money to influence state policy.
What is fiscal federalism?
Article IV requirement that the national government will protect states against invasion and domestic violence, and guarantee a republican form of government.
What is the Guarantee Clause?
Article IV requirement that states cannot discriminate against citizens of other states, granting them the same basic rights.
What is the Privileges and Immunity Clause?
Requires a state to send someone accused of a crime back to the state where the crime happened.
What is the Extradition Clause?