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Federalism Principles

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Devolution

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The transfer of power or responsibility from the federal government to the state or local levels.

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Supremacy Clause

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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.

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Full Faith and Credit Clause

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Article IV, Section 1 of the Constitution, requiring states to recognize the public acts, records, and judicial proceedings of all other states.

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Concurrent Powers

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Powers shared by both the federal and state governments, such as the power to tax, build roads, and create lower courts.

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Commerce Clause

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Article I, Section 8, Clause 3 of the Constitution, giving Congress the power to regulate trade among the states and with foreign countries.

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Enumerated Powers

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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.

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Privileges and Immunities Clause

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Article IV, Section 2 of the Constitution, prohibiting states from discriminating against citizens of other states in favor of their own citizens.

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Fiscal Federalism

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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.

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Dual Federalism

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A concept of federalism where state and the federal government have defined, divided powers with limited overlap; often symbolized as a 'layer cake' federalism.

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10th Amendment

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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.

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Cooperative Federalism

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A concept of federalism characterized by greater cooperation and collaboration between federal, state, and local governments; often symbolized as 'marble cake' federalism.

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14th Amendment

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An amendment that addresses citizenship rights and equal protection under the laws and was used to incorporated the Bill of Rights into state law.

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11th Amendment

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An amendment that restricts the ability of individuals to bring suit against states in federal court.

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Necessary and Proper Clause

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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.

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Reserved Powers

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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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