Glossary
14th Amendment
A post-Civil War amendment that expanded federal power by guaranteeing equal protection and due process under the law to all citizens, primarily against state actions.
Example:
The Supreme Court used the 14th Amendment to apply parts of the Bill of Rights to state governments, ensuring individual liberties.
Article IV
The section of the U.S. Constitution that outlines the relationships between the states and between the states and the federal government.
Example:
The rules governing how states must treat each other's laws and citizens are primarily found in Article IV of the Constitution.
Checks and Balances
A system designed to prevent any one branch or level of government from becoming too powerful by allowing each to limit the powers of the others.
Example:
The President's power to veto legislation passed by Congress is a key mechanism of checks and balances.
Commerce Clause
A provision in Article I, Section 8, of the Constitution that grants Congress the power to regulate interstate and international trade.
Example:
The federal government's ability to regulate the trucking industry across state lines stems from the Commerce Clause.
Concurrent Powers
Powers shared by both the federal government and state governments.
Example:
Both the federal government and state governments have the concurrent power to levy taxes on citizens.
Constitution
The supreme law of the United States, establishing the framework for the federal government and defining its relationship with the states.
Example:
The U.S. Constitution outlines the powers of the legislative, executive, and judicial branches.
Constitutional Amendments
Formal changes or additions to the U.S. Constitution, which can alter the balance of power between federal and state governments.
Example:
The 19th Amendment, granting women the right to vote, is a constitutional amendment that expanded suffrage nationwide.
Cooperative Federalism
A model of federalism where federal and state governments work together to solve common problems, often through shared funding and administrative responsibilities.
Example:
When the federal government provides grants to states for infrastructure projects, it exemplifies cooperative federalism.
Division of Powers
The constitutional principle that allocates specific governmental authorities to either the federal government or the state governments, or both.
Example:
The division of powers means the federal government is responsible for declaring war, while states manage local elections.
Dual Federalism
A system of federalism where the federal and state governments operate in distinct and separate spheres of authority, often likened to a 'layer cake.'
Example:
During the era of dual federalism, the federal government focused on national issues like defense, while states handled most domestic policy independently.
Exclusive Powers
Powers specifically granted to the federal government by the Constitution, which states are prohibited from exercising.
Example:
Only the federal government has the exclusive power to coin money and regulate the value of currency.
Extradition Clause
A provision in Article IV requiring states to return fugitives from justice to the state where the crime was committed.
Example:
If a person commits a crime in Florida and flees to Georgia, the Extradition Clause requires Georgia to return them to Florida.
Federal Supremacy
The principle, derived from the Supremacy Clause, that federal law takes precedence over state law when there is a conflict.
Example:
If Congress passes a national clean air act, states cannot enact weaker pollution standards due to federal supremacy.
Federalism
A system of government where power is divided and shared between a central (national) government and regional (state) governments.
Example:
In the US, federalism allows both the national government to regulate interstate commerce and individual states to set their own education standards.
Full Faith and Credit Clause
A provision in Article IV requiring states to recognize and respect the public acts, records, and judicial proceedings of other states.
Example:
A driver's license issued in California is recognized as valid in all other states due to the Full Faith and Credit Clause.
Judicial Review
The power of the courts to determine whether acts of the legislative and executive branches are constitutional.
Example:
In Marbury v. Madison, the Supreme Court established judicial review, allowing it to strike down laws it deems unconstitutional.
Privileges and Immunities Clause
A provision in Article IV preventing states from discriminating against citizens of other states, ensuring they receive the same fundamental rights.
Example:
A citizen from Ohio visiting Michigan cannot be charged a higher fee for state park entry than a Michigan resident because of the Privileges and Immunities Clause.
Republican Form of Government
A system of government where power is held by the people and exercised through elected representatives.
Example:
The U.S. guarantees that each state will have a republican form of government, ensuring citizens vote for their state legislators and governor.
State Sovereignty
The principle that states retain all governmental powers not delegated to the federal government or prohibited by the Constitution.
Example:
A state's ability to set its own educational curriculum for public schools is an exercise of its state sovereignty.
Supremacy Clause
Located in Article VI of the Constitution, it establishes that the Constitution, federal laws, and treaties are the supreme law of the land.
Example:
When a federal law on drug regulation conflicts with a state law, the Supremacy Clause dictates that the federal law must be followed.