Terms in this set (22)
Article VI of the Constitution, which makes the Constitution, national laws, and treaties prevail over state laws when the national government is acting within its constitutional limits.
The Constitutional amendment stating that "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."
Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8, and include the power to coin money, regulate its value, and impose taxes.
Those powers of the national government that go beyond those enumerated in the Constitution. For Congress, these are suggested in the clause as those "necessary and proper" to carry out the enumerated powers. For the President, these powers may be suggested from "executive powers"
McCulloch v Maryland
This 1819 Supreme Court ruling under Chief Justice John Marshall, established the supremacy of the national government over state governments. He commented, ",..the power to tax implies the power to destroy." The decision held that Congress had implied powers in addition to the enumerated powers.
Gibbons v Ogden
This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Chief Justice John Marshall (Supreme Court) sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce. Marshal's decision in 1824, was a major blow on states' rights and rested on a broader interpretation of the "commerce clause" than previously had been held.
Full Faith and Credit
The first words of Article IV, Section 1 of the Constitution, which requires states to respect the "public acts, records, and judicial proceedings" of all the other states.
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. (aka "layer cake" 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. (aka "marble cake federalism")
The pattern of spending, taxing, and providing grants in the federal system. The terms refers to the expenditure of federal funds on programs run in part through states and localities.
grants in aid
A broad term for funds from the national government to state and local governments to help pay for programs created by the federal government.
Federal funds provided to states or localities for a specific purpose; typically restricted by detailed instructions, regulations, and compliance standards. NSF grants are an example of project grants that fall within this type of grant.
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Fewer restrictions or "strings" are attached to these grants so states have broader discretion in the details of allocating the funds.
Privileges and immunities
This clause refers to Article IV, Section 2 of the Constitution which guarantees that a state cannot discriminate against someone from another state or give its own residents special rights not extended to other residents.
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
The clause in Article I, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I
The workings of the federal system--the entire set of interactions among national, state, and local governments, including regulations, transfers of funds, and the sharing of information.
Transferring responsibility or authority for policies from the federal government to state and local governments.
A political system in which authority is divided or shared between a central government and state or regional governments. Most countries today are established as unitary systems of government.
This clause in Article I, Section 8 grants Congress the power to regulate trade across state lines within the U.S. and to both regulate and and tax foreign trade.
Powers retained by the states under the Tenth Amendment.
United States v Lopez
This 1995 Supreme Court ruling (5-4) declared that the Gun Free School Zones Act (1990) which banned guns within 1000 feet of a school, had exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional.