Unit Test Flashcards
Commerce clause
Congress can regulate interstate commerce
Necessary and proper clause
Congress has the power to make all laws that are necessary and proper to carry out their enumerated powers
What is the preamble
We the people
Outlines the purposes of the new government
How many articles in the preamble
7
Art 1
Legislative branch Most important Popular sovereignty Enumerated powers Necessary and proper clause Commerce clause
Art 1 sec 8
Interstate commerce clause
Congress can tax
Congress can create an army and declare war
Enumerated powers
Art 2
Executive branch
Art 3
Judicial branch
Judicial review
Courts
Art 4
Relation among the states
Full faith and credit clause
Privileges and immunities clause
Full faith and credit clause
A contract in one state is honored in another
Marriage
Privileges and immunities
States can’t discriminate against citizens of other states
Art five
Amendment process
4 ways, only two ways used
Formal amendment process
Art 6
Supremacy clause
Federal law supreme to state law
Article seven
Ratification process
9/13 states needed to ratify
In every major crisis who gets more power
The federal government in John Marshall courts
Federal vs. anti federal
Anti federalists fear too much centralized power
Advantages of federalism
Allows small government to use policy experiment, to experiment policy at lower levels to maybe be used at higher levels
Social contract theory from uncivilized to civilized
We give up our perfect freedom to gain protection of life liberty and property
Federalist paper #51
James Madison talks about desperation of powers to guard against tyranny, “angels quote” devious men would make their way into government so we need to get rid of centralized power
How did the framers view people
Self interested, people use power to get more power; never give it away,
James Madison and full faith credit clause
States need to be united, respect one another and their contracts. Entitled to privileges and immunities of other states
What does the tenth amendment do
Reserved powers clause for the states, all powers not delegated to the federal government is reserved for the states
Federal paper 10
Madison talked about the danger of factions (group with too much power) decentralized power. Created a representative republic to stall the effects of factions
Establishment clause
Freedom of religion
Wall of separation between church and state
Lemon v kuttzman (1971)
Struck down state funding for private religious schools
Created lemon test: whether tax money can go to private religious institution
Lemon test
State money given to church related schools that
- money must be going to a secular cause: all inclusive not religious
- money cannot advance nor inhibit religion
- money cannot create an exclusive entanglement between gov and religion
Four major weaknesses of articles of confederation
No national army
No national taxation
No national regulation of commerce
No judiciary
Cute for articles of confederation weaknesses
Interstate commerce clause art 1 sec 8
Congress ability to tax art 1 sec 8
Congress can declare war and hold an army art 1 sec 8
Judicial branch, national courts
Six basic constitutional principles
Popular sovereignty Separation of powers Limited government Checks and balances Judicial review Federalism
6 basic constitutional principles shortcut
Pot Smokers Love Cannibus Juicy fruit
Unitarian government
A system where the national government holds most of the political power
Confederal government
All the power to the states
Federal government
Strong central government sharing power with state and local governments
Effects of shays rebellion
Rebellious farmer after Massachusetts farmers post land from debts. Biggest deciding factor that the articles of confederation were weak, had to hire mercenaries to end the rebellion after 9 months
Goals of Preamble
More perfect union Establish justice Insecure domestic tranquility Provide for common defense Promote for the general welfare Secure the blessings of liberty
Concurrent powers
Powers Held by both the state and federal government
Taxing
Police
Courts
How to answer written questions
Define term
Restate question
Give example
Accomplishment of A of C
North west ordinance which produced MI
Marburg vs. Madison (1803)
Judicial review
McCulloch v. Maryland
Banking issue
Congress can establish bank to elastic and how the enumerated powers were helped, but states can’t tax the legitimate activities of the national government
What case said the power to take is the power to destroy
McCulloch v Maryland
Gibbons v odgen
Steamboat with New York and national government issue. Interstate commerce clause from art 1 sec 8
