federal/state powers
what are some enumerated powers of Congress?
collect taxes, regulate interstate commerce, and establish lower federal courts
which court case limited federal power by SCOTUS interpretation of an enumerated power?
US v Lopez
what are inherent powers?
powers that natruelly belong to the government
what does jurisdiction mean?
official power to make legal decisions and judgments about a topic
Why did the US adopt Federalism?
Problems showed up under the Articles of Confederation.
Does federal government have powers not listed in the constitution?
yes
How did the US v Lopez court case limit federal power?
By looking into the commerce clause
what are the rules of inherent powers?
they belong to all sovereign governments, inherent powers are needed to function as an independent nation, they are recongnized by courts and tradition and finally, they are not limited to the text of the constitution.
no, there are shared responsibilities
How did Federalism help the US?
It balanced the federal and state leadership.
what are some reserved state powers?
police powers, education authority and marriage/licensing/elections.
which court case expanded federal power under the necessary and propar clause?
McCulloch v MD
what are some examples of inherent powers?
they can control immigration/deportation, they defend the country and make treaties, they can claim new land, they can recongnize foreign governments and finally they protect US citizens abroad.
what are concurrent powers?
powers shared by the federal and state government.
Whats the definition of federalism?
shared power between the federal government and the states.
can the state do whatever it wants if the federal government lacks jurisdiction?
no
What was the main point of the McCullouh v MD court case?
that the government has powers not specified in the constitution.
what are some examples of concurrent powers?
tax, law enforcement, courts, transportation, environmental regulation
Who came up with the idea of federalism?
Johannes Althusius Montesquieu
Why cant the state do whatever it wants if the federal government lacks jurisdiction?
2 constraints exist under state laws, them being, the states must comply with federal law, and the state cannot infringe rights guarenteed under the US constitution.
what did the McCullouh v MD case do to federal power?
it applied the supremacy clause
Why should we study Federalism?
to understand which areas of law a federal or state actor can oversee