selective incorporation Flashcards
(29 cards)
what is federalism?
a system that divides between the national and state governments
unitary system
a system where the central government has all of the power over subnational governments
confederal system
a system where the subnational governments have most of the power
federal system
a system where power is divided between the national and state governments
enumerated or expressed powers
powers explicitly granted to the national government through the Constitution; also expressed powers
exclusive powers
powers only the national government many exercise
implied powers
powers not granted specifically to the national government but considered necessary to carry out enumerated powers
commerce clause
grants Congress the authority to regulate interstate business and commercial activity
necessary and proper clause
grants the federal government the authority to pass laws required to carry out its enumerated powers. Also called the elastic clause
supremacy clause
established the Constitution and the laws of the federal government passed under its authority as the highest laws of the land
Tenth Amendment
reserves powers not delegated to the national government to the states and the people; the basis of federalism
reserved powers
powers not given to the national government, which are retained by the states and the people
concurrent powers
powers granted to both states and the federal government in the Constitution
full faith and credit clause
constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state
extradition
the requirement that officials in one state return a defendant to another state where a crime was committed
privileges and immunities clause
constitutional clause that prevents states from discriminating against people from out of state
Thirteenth Amendment
constitutional amendment that outlaws slavery
Fourteenth Amendment
constitutional amendment that provides that persons born in the United States are citizens and prohibits persons due process or equal protection under the law
Fifteenth Amendment
constitutional amendment that gave African American males the right to vote
dual federalism
a form of American federalism in which the states and the nation operate independently in their own areas of public policy
selective incorporation
the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis
cooperative federalism
a form of American federalism in which the states and the national government work together to shape public policy
grants-in-aid
federal money provided to states to implement public policy objectives
fiscal federalism
the federal government’s use of grants-in-aid to influence policies in the states
