PH719 - Class 2: Powers of State & Local Governments

Question 1

Congress has what kind of powers and are they complete powers

Answer 1

They have enumerated powers.

No congress does not have complete power. The way the constitution was drafted it aimed specifically to limit the power of the federal government (congress)

Question 2

What does procedural due process mean

Answer 2

Must have notice & an opportunity to be heard (its not just the gov hearing - a judge gets to decide if you or the gov is right)

Helps us guarantee the substance of a case is right

Question 3

What is “parens patriae” power

Answer 3

The doctrine of parens patriae is a legal principle that gives the state the power to act as a parent or guardian for people who are unable to care for themselves or are in need of protection.

Question 4

Substantive due process

Answer 4

We understand that some rights are so critical, that it makes is so there is almost no process that makes it so the gov can take these rights away

Question 5

What does the government need to prove in order to have someone civilly committed

Answer 5

The government needs to prove that a person is both ill and dangerous in order to having them civilly committed.

Illness + Dangerousness = civil commitment