A system in which the national government shares power with lower levels of government.
What is Federalism?
Permits Congress to exercise powers not specifically given to it (enumerated) by the Constitution
HINT:Implied Powers
What is the Necessary and Proper Clause?
Funds provided by federal government to state or local government for a specific purpose
What are categorical grants?
Any actions by a government that violate the principles of the constitution are invalid
HINT:Determined by Supreme Court
What is Judicial Review?
established that Congress had the power to establish a national bank and that a state did not have the power to tax branches of the federal government that are carrying out powers legal in the Constitution.
What is McCulloch v. Maryland?
Powers given only to state governments
HINT: Tenth Amendment
What is Reserved Powers?
When a federal and state law collide, the federal one will dominate
What is the Supremacy Clause?
Different levels of government work together to solve policy problems, federal government provides some portion of funding, which is spent by the states
What is Cooperative Federalism?
federal and state government responsibilities should be clearly separated
HINT: Layer Cake
What is Federalism under Reagan? or What is Dual Federalism?
landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation.
What is Gibbons v. Ogden?
Powers given to the national government alone
What are Enumerated Powers?
Allows Congress to regulate and promote interstate and international commerce
What is the Commerce Clause?
Federal government demanded higher standards and stricter uses for funds.
What is Regulated Federalism?
System based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments.
HINT:Marble Cake
What is New Federalism?
The Court ruled that the Commerce Clause did not give Congress the power to enact the federal Gun-Free School Zones Act
What is United States v. Lopez?
Needed to carry out expressed powers
What are Implied Powers?
“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.”
What is the Tenth Amendment?
Requires states to do certain things without providing any money
What is an unfunded mandate?
Backlash to federal preemption and unfunded mandates led to idea of transferring responsibility from federal government to state/local governments
EX: The 1996 Personal Responsibility and Work Opportunity Act
What is Devolution?
The Supreme Court ruled that neither the Commerce Clause nor the Fourteenth Amendment gave Congress the power to enact the Violence Against Women Act
What is United States v. Morrison?
found in Article I, Section 8 of the Constitution
includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office
What is Expressed Powers?
States within the United States have to respect the "public acts, records, and judicial proceedings of every other state."
EX:A couple married in one state, who wanted their marriage recognized in another state
What is the Full Faith and Credit Clause?
When state/local actions do not agree with national requirements this allows national government to override state/local actions in certain policy areas
What is Preemption?
Written secretly by Thomas Jefferson and James Madison in 1798 and 1799. They argued that states had the right to deem Federal laws unconstitutional and declare them nullified.
What is the Kentucky and Virginia Resolutions?
The Court ruled that under the Tenth Amendment, only the states and not the federal government could regulate child labor
What is Hammer v. Dagenhart?