Section 2.1: Dual Federalism

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Article Six

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Article VI contains the supremacy clause, which establishes the superiority of federal law over state law.

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Circuit Courts

Back 2

At the federal level, the layer of appellate courts situated between the federal district (trial) courts and the Supreme Court.

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Cooperative Federalism

Back 3

A conceptualization of federalism wherein national, state, and local governments work together to solve common problems as opposed to operating separately.

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Court of Last Resort

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The "highest" court beyond which there is no appeal; usually refers to a Supreme Court.

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Gibbons v. Ogden (1824)

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A SCOTUS decision that adopted an expansive view of the supremacy clause.

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Intermediate Court of Appeals

Back 6

An appellate court positioned between the trial courts and the court of last resort in the court hierarchy.

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Layer Cake Federalism

Back 7

A metaphor for federalism where the layers of a cake signify the separate spheres in which the federal and state governments operate and have power.

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Local Government

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The governmental bodies that run a particular city, town, county, or district.

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Marble Cake Federalism

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A metaphor of federalism that symbolizes the mixing of powers and resources among local, state, and federal governments.

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Power of the Purse

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A reference to the ability of legislative bodies to control other branches of government through the control of public money.

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Separation of Powers

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The idea of vesting the legislative, judicial, and executive powers of government in separate bodies.

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Substantial Federal Question

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In order for the federal courts to hear an appellate case, there must be some federal legal issue involved, such as a Constitutional rights violation.

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Supremacy Clause

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Term used to denote Article VI of the U.S. Constitution.

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United States Courts of Appeals

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Courts in each of the 11 federal judicial districts of the U.S. that functions as an appellate court for the lower federal courts.

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United States District Courts

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The trial courts of general jurisdiction in the federal court system.