1.0 Flashcards
A basic principle of American government is that Congress may act only if there is ______ or _______ authority to act in the Constitution.
express or implied
Article ______ provides that “All legislative power herein granted shall be vested in a Congress of the United States which shall consist of a Senate and House of Representatives.”
1
_______, however, may act unless the Constitution prohibits them from acting, i.e., the 10th Amendment provides “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.”
States
Under the Constitution, ________ may act only were authorized by the Constitution whereas the _______ may act unless proscribed from doing so.
Congress
States
To evaluate constitutionality of a Congressional act, the questions are
1. ?
2.
1.Does Congress have Constitutional authority to legislate? And if so
To evaluate constitutionality of a Congressional act, the questions are
1.
2. ?
- Does the law violate another constitutional provision or doctrine, such as infringing separation of powers or interfering with individual liberties?
In evaluating the constitutionality of state law, the sole question presented is whether the ________ violates the __________?
Legislation
Constitution
The key difference between federal and state governments is that only the latter possess _______ _______.
Police Powers
Congress does not have plenary power to regulate in any area it wants to. Only states possess this general regulatory power (states police power). True of False?
True
To pass a law you need the ______(a majority of 435 people) & the _____ (hard because they have parliamentary rules like a filibuster that require a super majority) & then we need a ________ to sign it into law.
House
Senate
President
