clauses ap gov & bureaucratic agencies Flashcards
- Congress has the expressed power to “regulate commerce” which is defined as trade between states or with foreign nations *
- us v lopez
interstate commerce clause
- Found in the 14th Amendment; ratified following the Civil War
- used to begin selective incorporation
- found in 5th amendment
- rights are not absolute
- selective incorporation works through the legal process of judicial review, in which the Supreme Court applies the provisions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment, and determines whether state laws or actions comply with the Constitution.
due process clause
“nor shall any state deprive any person of life, liberty,or property nor deny to any person within its jurisdiction the equal protection of the laws”
- applied it to the states
- roe v wade (no state shall “deprive any person of life, liberty, or property, without due process of law” — implies a right to privacy)
- wisconsin v yoder
- Schenck v us went against this
- gideon v wainwright
due process clause of the 14th amendment
no one shall be “deprived of life, liberty or property without due process of law
due process clause of the 5th amendment
- Found in the original Constitution
- Congress has the right to PASS ALL LAWS it deems “necessary and proper” to carry out their expressed powers.
- Has led to the many implied powers of Congress and a great expansion of power in the National Government, especially relative to state power
- McCulloch v. Maryland, 1803 is significant as it reinforced the idea that Congress had expansive “implied powers” and that the national government was superior to state government when conflicts arise
- us v lopez
necessary and proper/elastic clause
- First Amendment Freedom of Religion clause that forbids the US government from “establishing” a religion that its citizens must follow.
- engle v vitale
establishment clause
- wisconsin v yoder
- engle v vitale (applies more to establishment clause)
- Found in the 1st Amendment of the Bill of Rights
- First Amendment Freedom of Religion clause that states that the US government may not inhibit the free exercise of religion by any of its citizens.
free exercise clause
- 14th amendment
- baker v carr (The votes of rural citizens were overrepresented compared to those of urban citizens. Baker’s argument was that this discrepancy was causing him to fail to receive the “equal protection of the laws” required by the Fourteenth Amendment. )
- shaw v reno
- “no state shall deny to any person within its jurisdiction the equal protection of the laws”
- used to prevent discrimination against any group of citizens (based on race, gender or other differences)
- brown v boe
equal protection clause
Found in the original Constitution
* Says that each state must honor the laws, records and court decisions of every other state
* Applies to only civil NOT criminal matters
- “trust”/”faith”
full faith and credit clause
Found in US Constitution * Says that no state may discriminate against a person who lives in another state
* Each state must recognize the right of any American to travel in, do business in or become a resident of another state
privilege and immunities clause
- Found in original Constitution
- The legal process by which a fugitive from justice in one state is returned to it from another state
extradition clause
Found in the original Constitution
* Establishes a hierarchy of laws in the US
* US Constitution is the highest law of the land, national laws are next, states laws last
* National laws are supreme to state laws if conflicts arise between the two
- mccollough v maryland
supremacy clause
citizens united case argued free speech
Comprised of the 15 main departments. Headed up by secretaries, secretaries are appointed by president, confirmed by senate. Each has its own budget
ex. Department of Defense
Department of Treasury
Department of State
cabinet departments
Perform services on behalf of government. These are established by Congress outside of the Executive Branch,
ex. Social Security Administration
Central Intelligence Agency
Environmental Protection Agency
independent executive agencies
Regulate economic activities, operate independently. Once appointed, leaders cannot be removed without cause. Leaders serve fixed terms
Quasi-Legislative Agencies: independent agencies responsible for filling in jurisdiction gaps and writing rules
Quasi-Judicial Agencies: responsible for rule enforcement and punishing violators
ex. Federal Reserve Board
Federal Communications Commission (FCC)
Federal Trade Commission (FTC)
Interstate Commerce Commission (phased out)
Securities and Exchange Commission (SEC)
Independent Regulatory Commissions
- Businesses established by government, serve a public need, intended to be profitable
- US Postal Service
Amtrak
Corporation for Public Broadcasting
govt corporations
The president controls the agencies’ budget access. President appoints heads to departments and can issue executive orders
presidential oversight
- Congress can create/abolish agencies.
- Senate confirms all presidential appointees to the bureaucracy.
- Congress must authorize agencies to spend money. Congress must also appropriate (fund) all government agencies and programs.
- In some cases congress may use committee clearance – the ability of a committee to review and approve decisions of agencies. Congress may hold committee hearings to hold agencies responsible, congress may also launch investigations of the bureaucracy. Congress can punish agencies by cutting their funding.
legislative oversight
Federal Courts can use their power of judicial review to determine whether an act taken by a department was unconstitutional
judicial oversight
