Chapter 4 The Constitution as the Foundation of the Legal Environment Flashcards
A central gov’t has power to address nat’l concerns while the individual states retain the power to handle local concerns
Federal System
The written document that establishes the structure of the gov’t and its relationship to the people
Constitution
Three part government
Tripartite
Congress; makes the laws; bicameral
Legislative Branch
President; to execute or enforce the laws
Executive Branch
Courts; to interpret the laws
Judicial Branch
Powers delegated to the nat’l gov’t
Delegated Powers
Powers delegated to the nat’l gov’t that may still be exercised by the states
Shared Powers
The states possess the power to adopt laws to protect the general welfare, health, safety, and morals of the people
Policy Power
Make criminal an act that has already been committed but was not criminal when it was committed; may not be adopted by states or the nat’l gov’t
Ex Post Facto Laws
Means that the fed. regulatory scheme is controlling
Preemption
(Strict constructionist or originalist view) Purpose of a constitution is to state certain fundamental principles for all time
Bedrock View
Constitution is merely a statement of goals and objectives and is intended to grow and change with time
Living-Document View
The power of congress “to regulate commerce with foreign nations and among the several states and the Indian Tribes
Commerce Clause
A person going into another state is entitled to make contracts, own property, and engage in business to the same extent as the citizens of that state
Privileges and Immunities Clause
