Exam 1 Flashcards
Powers
- Granted, Expressed, Enumerated
- Implied: Necessary and Proper Clause
- Denied
Federalism
Relationship between fed/state
Shay’s Rebellion
Demonstrated weakness of government under the Articles of Confederation
Granted, Expressed, and Enumerated Powers
Granted to Federal Government
- power to tax (first power granted)
- power to borrow money
- power to regulate commerce
- power to coin money
- power to grant patents
Implied Powers
Necessary and Proper Clause
Elastic Clause
-(not express powers, but) implied through the expansive interpretation of delegated powers
Denied Powers
Denied to Citizens
-cannot import slaves after 1808
-cannot deny fair and speedy trial
-cannot punish somebody for the past with new law
-states can’t tax imports/exports
•Deny certain powers to congress and states
Federalists:
- Hamilton
- Madison
- Jay
Anti-Federalists:
- Paine
* Lee
Traditional Model
states ran their own affairs:1787-1930s
Not left to states:
- judicial/police force
- canals/roads
- contract enforcement
- currency
Progressive Movement
Ended at the start of WWI
-started regulating
1929
- economy collapses
- Great depression
- traditional model thrown out
Civil Liberties
-protection from government
“Individual rights and personal freedoms with which governments are prevented from interfering”
First Ammendment
-Establishment Clause
-Free Exercise Clause
•Freedom of Religion, exercise any
-Freedom of Speech
-Freedom of Press
Libel & Slander
Libel: written
Slander: verbal
-have to prove lies, malice, and intent to ruin reputation when suing for libel and slander
Substantive Liberties
Things we have and government can’t take away
Procedural Liberties
Due Process
4th Amendment
-no illegal search and seizure
-“right to privacy” and current issues
•social: gay marriage, abortion, etc
•techno-political: patriot acts, NSA
5th Amendment
- no self-incrimination
- no double jeopardy (you can only be tried for something one time)
6th Amendment
-right to counsel, speedy and public trial
8th Amendment
-no cruel and unusual punishment
death penalty?
Reserved Powers
- 10th Amendment
- 90% of laws are from the states
Supremacy Clause
All laws passed by congress will be the supreme law of the land
(At the end of the constitution)
Who were the only ones originally elected by the people?
Members of the House
