Chapter 3 (Unit 1) Flashcards
Federalism
Power divided between national + state governments
McCulloch v Maryland
State or Fed Power?
Is establishing a fed bank constitutional? Can states tax fed banks?
9 - 0 Decision: McCulloch
Yes, constitutional under Elastic Clause (beneficial to stare economy). States can’t tax fed banks bc Constitution is supreme
Gives power to FED govmnt
U.S. v Lopez
State or Fed Power?
Is Gun Free School Zones Act unconstitutional?
5 - 4: Lopez
Yes, GFSZA is unconstitutional bc mere possession of a gun isn’t Commerce and therefore can’t be controlled by Commerce Clause
Gives power to STATE govmnt
No Child Left Behind
(State or Fed)
Gives states federal funding specifically for education, ONLY if standardized testing implemented
Gives FEDERAL power
Unitary Sys
Central govt has ALL power over subnat’l govts
Confederal Sys
Subnat’l govts have MOST power
- US under AoC
Federal Sys
Pwr divided btwn nat’l + state govt
- each govt lvl = exclusive + denied powers
- Constitution protects against power creep
Enumerated/expressed powers
Pwr explicitly given to nat’l govt thru Constitution
Exclusive powers
(Examples)
Pwr EXPLICITLY given to natl govt
- coin $$
- declare war
- support army
- treaties
- naturalization
- interstate + foreign commerce
Implied powers
(Examples)
Not explicitly given to fed govt in Constitution, BUT considered a necessary law/policy to better carry out/support enumerated powers
- making air force (necessary to support army)
Denied powers
- CANT violate rights (BoR)
- CANT do bills of attainment
- CANT do ex-post facto
- CANT do habeas corpus
- CANT admit new states w/out territory
- CANT impose taxes on goods WITHIN states (intrastate
Concurrent Powers
Given to both State + Fed
- taxing
- borrow $$
- laws, courts
- charter banks + corps
Supremacy Clause
(Article, Sec, Clause)
A number that also starts with S..
Constitution + fed laws = highest law of the land
(Article 6, Clause 2)
Necessary and Proper Clause
(Article, Sec, Clause)
Government can create a law if it’s deemed necessary to carry out an enumerated power
Article 1, Sec 8, Clause 18
Commerce Clause
(Article, Sec, Clause)
regulate commerce with foreign nations and interstate
Article 1, Sec 8, Clause 3