State of Nature
What is the State of Nature?
The nature of mankind previous to society/ nature of mankind without the restraints of society.
What are expressed powers?
Powers granted to congress that are directly stated in the constitution.
What is the necessary and proper clause?
The clause that gives congress power over things that make sense. Not very specific but intentionally vague.
What is the supremacy clause?
Clause that states the hierarchy of laws are as follows: Constitution, federal law, state law and so on.
What are reserved powers?
Powers that are not given to the federal government so assumed to the state and or local governments.
What is the Social Contract Theory and how does it relate to state of nature?
Social Contract Theory is the idea that man will give up their total freedom to live in a governed society. This relates to the state of nature because of the idea that man without government of some sort will lead to chaos and destruction.
What are some expressed powers?
Declare war, collect taxes, raise a military, regulation of trade and commerce, and punishing pirates.
What is the purpose of the Necessary and proper clause?
To allow for flexibility in the powers of congress, times change and therefore the powers of the government must adapt.
What is the full faith and credit clause?
What are concurrent powers?
Powers shared by state and federal government.
What is "Tabula Rasa" and what does it mean in state of nature?
Blank slate, this was John Locke saying that men are born a blank slate and they can be taught either good or evil.
Why are there expressed powers?
To give some clear definition to the jobs of congress.
What is another name for the Necessary and Proper clause?
Why are there so many clauses in the constitution?
To clarify some of the boundaries of congress while also leaving some wiggle room for growth as times change.
What are some reserved powers?
What impact does the state of nature have on modern society?
Society is usually either viewed through the eyes of John Locke or Thomas Hobbs, the state of nature is good and evil is taught or men are naturally born with cruel intentions.
Where in the constitution are the expressed powers located?
first 3 articles
What is the first court case against this clause?
McCulloch v. Maryland.
What clause(s) does Gibbons v. Ogden involve?
Elastic and Supremacy clauses.
Where in the Constitution are reserved powers granted?
It created a positive outlook on mankind and gave people hope that mankind could govern their own affairs and look after our own society.
How many expressed powers are there?
17.
What clause number is the elastic clause?
18.
A criminal has been convicted of a crime in Rhode Island and the courts in Alabama want to try the criminal again for the same case. Which clause protects the criminal from being retried?
Full faith and credit clause.
What are examples of concurrent powers?
Build roads, create lower courts and enforce taxes.