federalism Flashcards
exclusive powers
-powers that only apply to one level of government
concurrent powers
-powers held by both levels of government
-mixture of expressed, implied, inherent, reserved powers
enumerated powers
-expressed powers to congress
-specifically stated in constitution
implied powers
-powers claimed by congress as necessary to fulfill expressed power
-necessary and proper clause
reserved powers
-power states can exercise if not denied to them or delegated exclusively to federal government
-powers given by 10th amendment
inherent powers
-implied presidential powers
prohibited powers
-powers denied to national, state, or both governments
-eg. national government can’t exercise powers to interfere with the states abilities to perform responsibilities
police powers
-state power
-can pass laws to protect the health and safety of residents
commerce clause
-article 1, section 8
-gives federal government right to regulate interstate commerce
-can regulate activity affecting interstate commerce
necessary and proper clause
-congress can pass any laws/acts believed necessary in order to perform their responsibilities
-stretches powers of congress more than what is explicitly stated in constitution
-implied powers
-article I
supremacy clause
-constitution is supreme
-NOT CONGRESS or STATES
-article VI
emoluments clause
-officials can’t accept gifts from other nations
-article II
due process clause
-states can’t deprive a citizen of natural rights without due process
-rights only taken away through court applied law
-14th amendment
equal protection clause
-14th amendment
-protects citizens from discrimination
-states can’t enact laws that discriminate in unreasonable manner
10th amendment
-powers not granted to U.S. or prohibited by constitution are reserved to states/people
14th amendment
-citizenship rights, equal protection, voting/representation, debt
marbury v. madison
-established judicial review
mcculloch v. maryland
-necessary & proper clause
-nothing in constitution restricts
-states taxing the federal branch would impede on constitutional law (supremacy clause) = can’t tax