Scope of Federal Power Flashcards

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1
Q

Power to regulate interstate commerce

A

extended to almost everything.

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2
Q

McCulloch v Marlyand gave us:

A

Explanation of federal government; When SCOTUS speaks, thats it!

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3
Q

Necessary and proper clause

A

Feds can extend outside of their enumerated powers in order to utilize their enumerated powers. Powers enlarged by McCulloch v maryland

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4
Q

Necessary means:

A

Convenient, not absolutely necessary. What will further ultimate goal?

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5
Q

Supremacy clause & necessary and proper clause:

A

Fed’s will do what they think is necessary and proper; SCOTUS will say whats actually necessary and proper

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6
Q

In Mcculloch court gave congress:

A

leeway, deferred to congress

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7
Q

When congress has power to legislate

A

No state can burden this power (SCOTUS decides what power congress has)

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8
Q

Federal governments limited power is:

A

SUPREME

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9
Q

How to get term limits?

A

Constitutional amendment. Requirements are already in constitution, states can’t add their own.

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10
Q

Commerce- Waterways-

A

Because of transportation aspect

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11
Q

Congress power to regulate isnt absolute.

A

a. If there is something unique to the locality states have limited power and their regulation isn’t in conflict with legal federal activity. (Pilot boats)

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12
Q

Dormant component of commerce clause

A

Congress can regulate if its commerce, states can if they don’t, but once congress wants to they can.

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