4+20 Flashcards
What are the constitutional powers of government?
- Federal form of government
2.Seperation of powers
3.Supremacy clause
-power of fed gov vs Power of States - commerce clause
what’s the federal form of government?
-power is divided between the central gov (federal) and states
-all powers not granted to fed gov are reserved to the states
sovereignty
power of a state to do what is necessary to govern itself. individual state sovereignty is determined by the US constitution
Separation of powers
-ensures that no branch of gov is granted too much power
- checks and balances allow each branch to limit the powers of the other branches (every branch has a way to undo each other branch)
supremacy clause
The provision in Article VI of the US constitution that the constitution,laws & treaties of the United states are the “supreme law of the land”
-“federal laws are the highest laws”
power of states:
-police power of the 10th amendment allows states to regulate for public order,health, safety,morals & general welfare within their borders
-in case of direct conflict between state and constitutional federal law,state law is invalid
“if its on the list,congress can pass making it a fed law, if not states gets it. when conflict, fed wins”
commerce clause
(used the most)
Article I, section 8 of US constitution gives congress the power to regulate interstate commerce
-gives congress time to regulate:
-Commerce AND
-interstate or foreign nations OR Native American Tribes
-4 court cases examples that were able to change what commerce clause means (wheat farm,medical marijuana,
-gibbons v ogden expanded the power to regulate all activities that “substantially affect” interstate commerce (tax shipped goods, marijuana in cali can be taken away anytime by the fed)
-has a greater impact upon business than any other part of the constitution
Dormant Commerce Clause
-under commerce clause
-federal gov has power over interstate commerce, meanwhile states DONT
Tax and Spending Clause
(2nd most used part of the constitution for fed gov powers)
- congress has the power to “lay and collect taxes…. to pay the debts & provide for the common defense and general welfare of the US… but all (taxes) shall be uniform throughout the US”
-can condition receipt of federal funds
-govt can stop funding if states don’t comply
-anything can be argued to be for general welfare
ex: george w bush with preparing kids for college, standardized tests by fed gov were used every week,districts didn’t like. funds stopped if no one tested)
bill of rights , what amendment is a focus on our class)
first 10 amendments of our constitution
-1st amendment,freedom of speech
what’s the 1st amendment
-protects rights to free speech ,both spoken and symbolic (flag in protest,media,podcast,written)
-govt may make reasonable restrictions to free speech rights
-may regulate time,place and manner but not content of speech
-there must be a compelling govt interest to regulate the content of speech
-ppl use free speech wrong
-commercial speech is protected as well, to a lesser extent (advertising & marketing)
-free speech is protected from gov not priv companies
ex: collin kapernick kneeled against police violence ,NFL didn’t violate cuz it’s a priv company
unprotected speech types include:
-obscenity & child pornography (obscenity wasn’t defined by court but pornography can be)
-defamatory language (spreading lies)
-threatening conduct (gun & “kill u”
-“fighting words” or language likely to incite others to violence
-gov can arrest/ban if any are made
ex: kkk can be arrested if they tell p to be violent
what are agencies and where do administrative agencies exist
isn’t a branch of govt but it’s a sub-branch ,has ability to create laws
all levels of government
-fed /state /local have agencies)
national executive agencies
within the cabinet department of the executive branch and are empowered by congress;also independent,regulatory agencies (IRS)
state and local agencies
offer serve parallel functions to their national counterparts
ex: fed: environmental protection agency; state: california environmental protection agency; they’re split up by to pie , can past laws based on topic)
examples of fed agencies (don’t have to memorize)
state, treasury , justice , labor ,energy