Chapter 2 Flashcards
What is the law from English Heritage that relies on judges developing legal principles to guide their decision making based on customs and practices of the time.
Common Law
What power is traditionally held by states to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
Police Power
What constitutional clause has not contributed to the growth in federal power?
Powers Clause of the 10th amendment
What doctrine maintains that state laws that interfere with federal laws are invalid pursuant to the supremacy clause?
Preemption
Necessary and Proper Clause
Gives Congress broad powers to deal with policy issues
Commerce Clause
Interstate Commerce will be regulated by Congressional action
States cannot impede interstate commerce by legislation, and state legislation cannot override congressional action in this field
Supremacy Clause
Congressional action is superior to that of the states
State action cannot supersede Congressional authority
Dormant Commerce Clause
States cannot unduly burden interstate commerce
Concurrent Powers
Both State and Federal Governments can tax, build roads, etc.
Check and Balances between the Branches of Government
Prevents one Branch of government from having absolute authority over government
Dual Federalism
States and Federal Government are co-equal sovereigns
Tenth Amendment is read broadly
Hierarchical Federalism
National Government is supreme to the state governments
Tenth Amendment is read as not granting many rights to states.
Three main articles of the Constitution and what they detail
Article I established Congress’ role, duties and power
Article II established President’s role, duties and powers
Article III discussed role and jurisdiction of the Courts
