ALL AP GOV PREP Flashcards
Overall Contents of Article 1
- Leg branch = congress + senate
ARTICLE 1 CLAUSES:
(sect. 2 cl. 3) Enumeration Clause
apportionment of seats in house of rep
power to impeach
ARTICLE 1 CLAUSES
(sect. 6 cl. 2) Ineligibility clause -
disqualifies members of congress from holding other fed. offices
ARTICLE 1 CLAUSES
(sect. 7, cl. 1) Origination clause ->
revenue raising bills must originate in the house of rep
ARTICLE 1 CLAUSES Commerse Cllause (1.8.3) -
reuglate interstate commerse
The Commerce Clause gives the national
government the power to regulate interstate
commerce, but Supreme Court interpretations
can influence the extent of this power.
§ By granting Congress more authority to make laws under the commerce clause, and also to establish
a regulatory agency to rule in labor disputes, it substantially increased the power of the federal
government
What supreme court case is based off the
COMMERCE CLAUSE
UNITED STATES V. LOPEZ (1995)
Congress exceeded its power under the Commerce Clause when it made possession of a gun in a
school zone a federal crime.
FACTS OF United States v. Lopez (1995)
§ In United States v. Lopez, the court ruled that gun possession was not an economic activity that
that could be considered interstate commerce and, therefore, gun free schools zones could not be
created or regulated by the national government.
§ In United States v. Lopez, the court ruled that gun possession was not an economic activity that
that could be considered interstate commerce and, therefore, gun free schools zones could not be
created or regulated by the national government. In the NLRB v. Jones case, Congress determined
that labor disputes were related to interstate commerce and that they did fall under the commerce
clause and could be regulated by the national government
ARTICLE 1 CLAUSES
spending clause (1.8.1)
uniform taxes across the nation
ARTICLE 1 CLAUSES
Necessary and proper clause -
all pwers necessary for execution of powers (incl. immicgration)
The Necessary and Proper Clause gives
Congress the power to make laws related
to carrying out its enumerated powers, but
Supreme Court interpretations can influence
the extent of these powers.
Article 2 - overveiw
exec. c.ause
- Commander in chief
- cheif diplomat
ARTICLE 3 Judicial vesting clause ->
higherarchy of courts … right to lifelong terms of service
ARTICLE 3
JUDICIAL
Federal court jurisdiction is dependant on ________ and ________
Rulings apply to:
a) “character of the cause” - judicial power extends to cases arising under the constitution AND
b) “character of the parties” - where the US is a “party” or controversy between two or more states, a state and citizens of a different state, between citizens of different states, or parties (citizens or state) and a foreign entity.
The courts are limited to “cases” and “controversies” which determine the capacity of the federal courts jurisdiction.