Key Terms
Federalism
Two autonomous levels of government, each with constitutional authority to act on the people.
Enumerated powers
Specific powers of Congress listed in Article I, Section 8.
Elastic clause (necessary and proper clause)
Last clause of Article I, Section 8. Congress can make all laws "necessary and proper" to carry out its enumerated power
Commerce clause
Grants Congress authority to regulate interstate economic activity; broadly interpreted to expand federal regulatory rea
Reserved powers
Tenth Amendment. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,
States originally held exclusive control over
Health, safety, education, public welfare. Over time, especially since the 1940s, many of these became shared with the f
Powers both levels share
Taxing, borrowing, making and enforcing laws, establishing court systems.
Supremacy clause (Article VI)
Federal law is the supreme law of the land. When state law conflicts with a valid federal law, federal law wins.
EARLY NATIONAL PERIOD
ESTABLISHING FEDERAL SUPREMACY (1790s-1860s)
Civil War
Ultimate test. Eleven states seceded.
DUAL FEDERALISM
LAYER CAKE (late 1870s - 1930s)
Result
National Minimum Drinking Age Act (1984) — crosscutting mandate reducing highway grant money to any state that kept drin
COOPERATIVE FEDERALISM
MARBLE CAKE (1930s - 1970s)
New Deal programs
Roosevelt's response to the Depression. Initially struck down by the Supreme Court under dual federalism logic.
New Deal created
Social Security, unemployment insurance, agricultural subsidies, workplace protections.