👩🏾‍⚖️ap us government review

Selective exclusiveness

Written by the Fiveable Content Team • Last updated August 2025
Verified for the 2027 exam
Verified for the 2027 examWritten by the Fiveable Content Team • Last updated August 2025

Definition

Holds that certain topics of interstate commerce demand uniform national regulation and therefore lie solely within Congress’s power, while other topics may be left to state regulation in the absence of federal legislation. Articulated by the Court in Cooley v. Board of Wardens and rooted in the Commerce Clause (Art. I, §8), it shapes the balance of federal and state authority over economic activity.

AP course connection

Topic 1.8: 1.8 Constitutional Interpretations of Federalism

Unit 1

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