Eminent domain
The power of government to take property for public use as long as it’s for public use and they pay a fair price to the person they took it from.
Prior restraint:
Government can not censor information before it is published or broadcast
Due process:
The government must follow constitutional procedures in all actions against individuals
Incorporation doctrine
State governments must acknowledge the Bill of Rights
Republicanism
People elect officials.
Officials work to protect citizens right to life, liberty, and property.
Elastic clause (aka Necessary and Proper Clause)
Allows congress to do everything they can to stretch out and enforce their enumerated powers
Expressed powers vs enumerated powers
Expressed Powers: Powers directly stated in the constitution by the founding fathers to limit the powers of congress
Enumerated: powers listed
Expressed -> STATED
Enumerated -> LISTED
When ruling on constitutional issues, the Supreme Court cannot be overturned except by…
A constitutional amendment
When are the only times the Supreme Court can be overturned?
- congress enacts a new law
- a constitutional amendment, when ruling on constitutional issues
- the Supreme Court can overturn itself
Give some examples of separation of powers?
- Legislature wants to make a law but president can veto it.
- President can appoint people for jobs but senate must approve.
- Execute branch wants to enforce laws but judicial branch must make sure it is in line with the constitution first.
Enumerated powers 1st 5
“Economic powers”
Deal with economic matters such as the power to
- levy taxes
- borrow money
- regulate commerce
- coin money
- punish counterfeiting
Enumerated powers next 7
Provide for defense, including the powers to
- declare war
- raise and support armed forces
- organize the militia
Execute branch employees for the president
Federal bureaucracy
Federal governments spending cannot exceed its income
Balanced budget
