Administrative law and process Flashcards
U.S. constitution
First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches
Second, it divides power between the federal government and the states.
Third, it protects various individual liberties of American citizens
Federal powers
To lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy
Regulate commerce
Provides that the Congress shall have the power to regulate interstate and foreign commerce
Levy taxes
Levy is a required or collected fee or tax. An example of levy is sales tax
Bill of rights limitations
You cannot shout “fire” in a crowded theater, cannot use speech meant to “incite an immediate breach of the peace” or to incite an imminent lawless action, obscenity and child pornography are limited (although subject to subjective standards) and deliberately “false statements of fact”
Equal protection limitations
It limits only the powers of government bodies, and not the private parties on whom it confers equal protection
State rights limitations
No state can ally with another country; make war; make their own money; allow private boats and vessels to catch and arrest enemy ships; or issue their own bills for credit.
Due process limitations
Limits the exercise of such authority. No state or federal court may exercise jurisdiction in a manner that would deny a defendant the fundamental rights of due process
State powers
So long as their laws do not contradict national laws, state governments can prescribe policies on commerce, taxation, healthcare, education, and many other issues within their state
Police power
The inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited
Taxation
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the U.S.
State power limitations
States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports
U.S. constitution Supremacy clause
It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions
State constitution
The statement of basic principles and highest laws of a state
Local government authority
To determine and execute measures within a restricted area inside and smaller than a whole state