Powers
Powers that both the national government and the states possess
What are concurrent powers?
When is our unit 1 test?
tomorrow
Requires states recognize other state's public acts, records, and judicial proceedings.
full faith and credit clause
What is the power of the legislative branch?
make laws
Powers spelled out specifically in the Constitution-
What are expressed powers?
Powers not expressly stated in the Constitution but are reasonably suggested by it.
What are implied powers?
Similar to a grant in aid but is for a more broadly defined purpose
What is a block grant?
a clause in the U.S. Constitution that prevents a state from treating citizens of other states in a discriminatory manner.
the comity clause
What is the power of the judicial branch?
declares law unconstitutional
Powers that belong to the national government due to tradition-- the government has assumed these powers since the beginning
What are inherent powers?
A principle of federalism in which the governmental powers are separated on a geographic basis between the national government and the states.
What is the separation of powers?
model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities
cooperative federalism
a constitutional interpretation that gave the federal government exclusive control over some issues, and states exclusive control over others.
dual federalism
When the Supreme Court decides if a law or act is constitutional
judicial review
Powers that include expressed, implied, and inherent-- those which are granted to it in the Constitution.
What are delegated powers?
The legal process by which a fugitive from justice in one state is returned to that state.
What is extradition?
Where can I find the Supremacy Clause?
Article 6
simply states that Congress has the power, “To make all Laws which shall be pertinent for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States
elastic clause
How can the legislature check the executive? How can the legislature check the judicial? How can the judicial check the legislature? How can the judicial check the executive? How can the executive check legislature? How can the executive check judicial?
Can override a presidential veto. Can impeach and remove the president. Can impeach and remove judges. Confirms federal judges Judicial Review Vetoes legislation. Appoints federal judges. veto power, executive orders
Powers exercised by the national government alone. List 3
delegated powers
Powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the states. List 3 examples
What are reserved powers?
List 5 out of 10 of the bill of rights
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by law.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.
Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of common law.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
this clause says that the constitution is the supreme law of the land
supremacy clause
How does Congress amend the constitution?
2/3 of both houses propose to amend the constitution then 3/4 of state must approve of the amendment