The Constitution Flashcards
Three Functions of the Constitution
It limits the power of the states.
It enumerates the powers granted to the federal government by the states.
It guarantees certain fundamental rights to the people of the United States.
Limitation of State Powers
Each state is sovereign and has the inherent power to enact its own laws. However, the Constitution restricts certain state powers.
Federalism
The Supremacy Clause of Article VI makes state law subordinate to federal law. As such, when a state law directly conflicts with federal law, federal law controls.
Preemption
If the federal government preempts a field, such as post offices, state or private person may NOT enter the same field.
Police Power
Each state can regulate any area affecting the general health, safety, and welfare of its citizens. However, when a state law violates a provision of the Constitution, the law may be stricken by the U.S. Supreme Court in an appropriate appeal.
Enumerated Federal Powers
Unlike the states, the federal government is one of limited powers. It is has no inherent powers; it possesses only those that have been delegated to it by the states. All other powers are reserved to the states.
Article I
Article I of the Constitution established Congress (consisting of the House of Representatives and the Senate) as the legislative branch of government. Congress exercises its powers by enacting federal statutes.
What powers are given to Congress under Article I?
-Impose taxes
-Borrow money
-Regulate interstate commerce and commerce with foreign countries
-Control bankruptcy laws
-issue currency
-Appropriate money
-Punish the counterfeiting of money
-Establish post offices
-Control patents and copyrights
-Create inferior federal courts
-Declare war
-Provide the national defense
-Serve as the legislature for District of Columbia
-To make all laws that are necessary & proper to carry out the powers of Congress
Article I Prohibits Congress from Acting in 3 Important Ways. What are they?
- Suspending the writ of habeas corpus
- Passing a Bill of Attainder
- Passing an ex post facto law
Suspending the writ of habeas corpus
a writ of habeas corpus is an order to “deliver the body” of one held in custody; it is typically used to secure the release of a prisoner who is wrongfully held by authorities. Congress may suspend these writs during rebellion or invasion.
Passing a Bill of Attainder
a bill of attainder is a law directed against a specific person or against a specific group
Passing an ex post facto law
an ex post facto law is one that defines conduct as a crime after the fact (after the act had been committed)
Article II
Article II vests executive power in the president.
What power does the president have under Article II?
-appoint executive officers, including a cabinet
-enforcing federal laws
-serves as commander-in-chief
-can veto acts of Congress (Congress may override the veto with 2/3 vote of both houses)
What power does the president have with the consent of Congress under Article II?
-make treaties with foreign nations
-appoint ambassadors
-appoint judges to the Supreme Court
