Federalism
Which part of government is allowed to declare war?
Congress
Which government is responsible for family laws: birth, marriage, & death
State government
Which government has the power to tax?
Both: it's concurrent
Gibbons said navigation is commerce because sailing is _______ .
work / business
Which level of government is responsible for establishing education standards?
State Government
This level of government manages the military
What is the federal government?
Says Congress shall regulate trade among the several states, foreign nations, and Indian tribes
Powers that the Constitution gives to both the national and state governments
What are concurrent powers?
Answered the question, "Can Congress make a bank if it wants to?"
Define tribal sovereignty
American Indian tribes have the inherent right to self-government.
powers directly stated in the Constitution
e.g. The power to make law is vested in a Congress of the US...
What are expressed powers?
A system of government in which a central and various regional governments exercise power over the same people and the same territory
What is federalism?
This clause says if business happens in two states, Congress regulates it
What is the Commerce Clause?
Answered the question, "Is banking business?"
What is the Commerce Clause?
Two exceptions to privileges & immunities:
higher ed & wildlife management fees
powers the government requires to uphold the expressed powers
What is implied powers?
Both state and federal governments
States must recognize civil judgments rendered by courts in different states and accept their records and acts as valid. Not valid with criminal decisions
What is Full Faith and Credit Clause
Answered the question, "Can states tax federal property?"
What is the Supremacy Clause?
If someone commits a federal crime on tribal lands, who can charge and convict the person of a crime?
Federal and Tribal
appoints electors to the electoral college
Who are the states?
Oklahoma implements the death penalty. North Dakota does not have the death penalty. This situation is an example of the concept of
Reserved Powers
Who has law enforcement authority on tribal lands?
Federal and Tribal
Powers that belong to the states
What are reserved powers?
statement in Article IV of the Constitution establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land"
what is Supremacy Clause