Scope of Federal Power Flashcards Preview

Con Law-DJ > Scope of Federal Power > Flashcards

Flashcards in Scope of Federal Power Deck (12):
1

Power to regulate interstate commerce

extended to almost everything.

2

McCulloch v Marlyand gave us:

Explanation of federal government; When SCOTUS speaks, thats it!

3

Necessary and proper clause

Feds can extend outside of their enumerated powers in order to utilize their enumerated powers. Powers enlarged by McCulloch v maryland

4

Necessary means:

Convenient, not absolutely necessary. What will further ultimate goal?

5

Supremacy clause & necessary and proper clause:

Fed's will do what they think is necessary and proper; SCOTUS will say whats actually necessary and proper

6

In Mcculloch court gave congress:

leeway, deferred to congress

7

When congress has power to legislate

No state can burden this power (SCOTUS decides what power congress has)

8

Federal governments limited power is:

SUPREME

9

How to get term limits?

Constitutional amendment. Requirements are already in constitution, states can't add their own.

10

Commerce- Waterways-

Because of transportation aspect

11

Congress power to regulate isnt absolute.

a. If there is something unique to the locality states have limited power and their regulation isn’t in conflict with legal federal activity. (Pilot boats)

12

Dormant component of commerce clause

Congress can regulate if its commerce, states can if they don't, but once congress wants to they can.