Foundational Docs
These documents were written to counter-balance each other. One was worried about the central government having too much power, while the other said that a large, federal republic would mitigate this.
What is Federalist 10 and Brutus I?
This clause is in Article I, and allows Congress to make any law deemed necessary and proper for the country, even it's not explicitly enumerated in the Constitution.
What is the necessary and proper/Elastic Clause?
This principle of the Constitution says that the people have the power to help rule the country.
What is popular sovereignty?
This type of grant is what states hate- it has strings attached, states have to use the money for something within a general category. These are more common today.
What is a categorical grant?
These type of powers are for the national government only.
What is delegated OR enumerated OR expressed.
This document laid out a list of Enlightenment-based grievances that the colonies had with Britain, starting the formal break up process with Britain.
What is the Declaration of Independence?
This clause is in Article 6, and says that the national government is supreme over the states.
What is the Supremacy Clause?
This principle of the constitution divides powers among 3 distinct branches of government.
What is separation of powers?
This is something that the federal government makes a state do, but it isn't funded. They tried to reform it awhile back, but it didn't really stick.
What is an unfunded mandate?
Marriage licenses are an example of this type of power.
What is reserved powers?
This document had many weaknesses, despite being our first form of government.
What is the Articles of Confederation?
This clause is in Article 1, and says that Congress gets to regulate trade that goes across state boundaries, also referred to as interstate commerce.
What is the Commerce Clause?
This principle of the Constitution says that federal government can't do too much.
What is limited government?
This type of grant used to be common, and states love it. It allows them to use the money for very broad purposes.
What is a block grant?
Coining money is an example of this type of power.
What is delegated/enumerated/expressed powers?
This document replaced the Articles of Confederation, and includes a Preamble and 7 articles.
What is the Constitution?
This article of the Constitution outlines the amendment process- you need 2/3 of Congress to propose, and 3/4 of the states to ratify.
What is Article 5?
This principle of the Constitution says that each branch of government has specific powers over each other.
What is checks and balances?
This Supreme Court case said that Congress could not limit guns in school zones using the Commerce Clause.
What is is US v. Lopez?
These type of powers are for states only.
Reserved powers.
What is Federalist #51?
This supreme court case established the principle of judicial review.
What is Marbury v. Madison?
This principle of the Constitution says that the national government, state governments, and local governments all have constitutionally protected powers. Instead of separation of powers, it's levels of government.
What is federalism?
This Supreme Court case said that the state of Maryland could NOT tax the national bank, because of the Supremacy Clause of the Constitution.
What is McCulloch v. Maryland?
These type of powers are shared between national and state governments. An example would be taxing.
What is concurrent powers?