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Federalism Principles
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Devolution
The transfer of power or responsibility from the federal government to the state or local levels.
Supremacy Clause
Article VI, Clause 2 of the Constitution, stating that the Constitution and federal laws are the 'supreme Law of the Land,' overruling conflicting state laws.
Full Faith and Credit Clause
Article IV, Section 1 of the Constitution, requiring states to recognize the public acts, records, and judicial proceedings of all other states.
Concurrent Powers
Powers shared by both the federal and state governments, such as the power to tax, build roads, and create lower courts.
Commerce Clause
Article I, Section 8, Clause 3 of the Constitution, giving Congress the power to regulate trade among the states and with foreign countries.
Enumerated Powers
Powers explicitly stated and given to the federal government by the Constitution, such as coinage of money, regulation of commerce between states and international bodies, and declaring war.
Privileges and Immunities Clause
Article IV, Section 2 of the Constitution, prohibiting states from discriminating against citizens of other states in favor of their own citizens.
Fiscal Federalism
The pattern of spending, taxing, and providing grants in the federal system; the cornerstone of the national government's relations with state and local governments.
Dual Federalism
A concept of federalism where state and the federal government have defined, divided powers with limited overlap; often symbolized as a 'layer cake' federalism.
10th Amendment
An amendment to the Constitution stating that powers not delegated to the federal government nor prohibited to the states by the Constitution are reserved to the states or the people.
Cooperative Federalism
A concept of federalism characterized by greater cooperation and collaboration between federal, state, and local governments; often symbolized as 'marble cake' federalism.
14th Amendment
An amendment that addresses citizenship rights and equal protection under the laws and was used to incorporated the Bill of Rights into state law.
11th Amendment
An amendment that restricts the ability of individuals to bring suit against states in federal court.
Necessary and Proper Clause
Article I, Section 8, Clause 18 of the Constitution, granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
Reserved Powers
Powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people (10th Amendment).
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