Glossary
Commerce Clause
A clause in Article I, Section 8 of the Constitution that grants Congress the power to regulate trade among the states and with foreign nations.
Example:
Congress used the Commerce Clause to pass the Civil Rights Act of 1964, arguing that discrimination in public accommodations affected interstate trade.
Cooperative Federalism
A model of federalism where national and state governments work together on policy issues, often through shared programs and funding, resembling a 'marble cake'.
Example:
The construction of the interstate highway system, funded by both federal and state governments, is a prime example of cooperative federalism.
Dual Federalism
A model of federalism where the national and state governments operate in clearly distinct and separate spheres of power, often likened to a 'layer cake'.
Example:
During the 19th century, the federal government focused on national defense and currency, while states handled education and local law enforcement, reflecting a period of dual federalism.
Enumerated Powers
Specific powers explicitly granted to the federal government in the U.S. Constitution, primarily found in Article I, Section 8.
Example:
The power to declare war is an enumerated power of Congress, meaning it is directly listed in the Constitution.
Federalism
A system of government where power is divided between a central (national) government and regional (state) governments.
Example:
In the U.S., both the federal government and state governments have the power to levy taxes, demonstrating the shared authority inherent in federalism.
Fourteenth Amendment
An amendment that guarantees equal protection and due process under the law, significantly limiting state power and protecting individual rights.
Example:
The Supreme Court's decision in Brown v. Board of Education relied on the Fourteenth Amendment's Equal Protection Clause to desegregate public schools.
Implied Powers
Powers not explicitly listed in the Constitution but inferred as necessary for the federal government to carry out its enumerated powers.
Example:
The creation of the Federal Reserve System is an implied power, derived from Congress's enumerated power to coin money and regulate its value.
McCulloch v. Maryland (1819)
A landmark Supreme Court case that affirmed the implied powers of the federal government and the supremacy of federal law over state law.
Example:
The ruling in McCulloch v. Maryland established that states could not tax a national bank, reinforcing the principle of federal supremacy.
Necessary and Proper Clause
Also known as the Elastic Clause, this clause in Article I, Section 8 allows Congress to make all laws 'necessary and proper' for executing its enumerated powers.
Example:
Congress's decision to establish the Air Force, though not explicitly mentioned in the Constitution, was justified under the Necessary and Proper Clause to support its power to raise and support armies.
Tenth Amendment
An amendment that reserves powers not delegated to the federal government, nor prohibited to the states, to the states or to the people.
Example:
State laws regarding marriage, education, and local policing are examples of powers reserved to the states by the Tenth Amendment.
US v. Lopez (1995)
A landmark Supreme Court case that limited Congress's power under the Commerce Clause, ruling that the Gun-Free School Zones Act exceeded federal authority.
Example:
The decision in US v. Lopez marked a shift, indicating that Congress could not use the Commerce Clause to regulate non-economic activities like carrying a gun in a school zone.