Constitution Articles
National Supremacy Clause
Part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the US are the "supreme Law of the Land", meaning national laws take precedence over state laws if the two conflict
Monarchy
A form of government in which power is held by a single person, or monarch, who comes to power through inheritance rather than election
Police Powers
The power to enforce laws and provide for public safety.
Cooperative Federalism
A form of federalism in which national and state governments work together to proved services efficiently. This form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility in national-state relations.
Privileges and Immunities Clause
Part of Article IV of the Constitution requiring that states must treat non-state residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states.
Federalism
The division of power across the local, state, and national government.
United States v. Lopez
A 1995 case that struck down a federal law regulating the possession of firearms around schools. It was the first time that the Courts had restricted Congress's power to pass legislation under the commerce clause since the New Deal in the 1930s.
Reserved Powers
As defined in the Tenth Amendment, powers that are not given to the national government by the Constitution, or not prohibited to the states, are reserved by the states or the people
Fiscal Federalism
A form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants
Full Faith and Credit Clause
Part of Article IV of the Constitution requiring that each state's laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines.
Unitary Government
A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.
Marbury v. Madison
The landmark 1803 case in which the Supreme Court for the first time declared that part of a law passed by Congress was unconstitutional. This case helped established the Court as an equal player in the system of checks and balances
Concurrent Powers
Responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments.
Dual Federalism
The form of federalism favored by Chief Justice Roger Taney, in which national and state governments are seen as distinct entities providing separate services. This model limits the power of the national government.
Commerce Clause
Part of Article I, Section 8, of the Constitution that gives Congress "the power to regulate Commerce...among the several States." The Supreme Court's interpretation of this clause has varied, but today it serves as the basis for much of Congress's legislation
Confederal Government
A form of government in which states hold power over a limited national government.
McCulloch v. Maryland
A landmark Supreme Court ruling in 1819 that Maryland did not have the power to tax the Second Bank of the United States and that Congress did have the power to create the Bank under the "necessary and proper" clause and the "supremacy clause."
Enumerated Powers
Powers explicitly granted to Congress, the president, or the Supreme Court in the first three articles of the Constitution. Examples include Congress's power to "raise and support armies" and the president's power as commander in chief
Picket Fence Federalism
A more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government.
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 bread statement had been used to justify many assertions of presidential power.
Republicanism
As understood by James Madison and the framers, the belief that a form of government in which the interest of the people are represented though elected leasers is the best form of government. Our form of government is known as a republican democracy.
Sovereign Power
The supreme power of an independent state to regulate its internal affairs without foreign interference.
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)