Terms in this set (40)
James Madison explains and defends the checks and balances system in the Constitution. Madison also discusses the way republican government can serve as a check on the power of factions, and the tyranny of the majority.
Selective Incorporation Doctrine
A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.
Federal/Central Government Powers
Powers that the government cannot do; powers are expressely, silently, or inherently denied.
Full Faith and Credit Clause
A clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Privileges and Immunities Clause
A state cannot discriminate against someone from another state or give its own residents priveleges
A state governed as a single power in which the central government is ultimately supreme and any administrative divisions (sub-national units) exercise only powers that the central government chooses to delegate.
form of government in which sovereign states delegate power to a centralized government. The powers of the central government are typically limited to defense and foreign commerce.
McCulloch v. Maryland
An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
Gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
Gibbons v. Ogden
A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regular interstate commerce, encompassing virtually every from of commercial activity.
Madison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions.
Madison begins the "candid survey of the plan of government reported by the Convention" by defining a republican form of government and then answering critics concerning whether the proposed plan is federal or national, that is, a confederacy of States or a consolidation of States.
Hamilton begins by telling the readers that this paper will discuss the importance of an independent judicial branch and the meaning of judicial review. The Constitution proposes the federal judges hold their office for life, subject to good behavior.
Necessary and Proper clause/Elastic Clause
The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "neccessary and proper" to carry out the enumerated powers.
Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to "make all laws neccessary and proper for carrying into execution" the powers enumerated in Article I.
Constitutional declaration (article vi) that the constitution and laws made under its provisions are the greatest law of the land
The section of the Bill of Rights that basically says that any power that is not given to the federal government is given to the people or the states.
The return of power to the state gov
The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.
Federal grants that can be used only for specific purposes or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.
Federal grants given more or less automatically to state or communities to support broad programs in a areas such as community development and social services.
A statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements.
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
United States v. Lopez
Alfonzo Lopez carried concealed weapon to school. Charged under Texas law with firearm possession law; state charges dismissed and charges were brought under federal criminal statue. However, 1990 Gun-Free School Zones Act was deemed unconstitutional by appeal. Gave Texas right to charge boy under their law.
Wickard v. Filburn
Legal battle over government paying farmers to restrict their farming acreage and its constitutionality; Expanded definition of commerce and interstate commerce.
Gonzales v. Raich
California passed Compassionate Use Act of 1996, legalizing medical marijuana. California's law conflicted with the federal Controlled Substances Act, can Congress invalidate Compassionate Use Act? Answer was no, couldn't be done under commerce clause.
Heart of Atlanta Motel v. United States
Supreme Court decision that Congress could use the Commerce Clause to fight decision; affected the future of the Civil Rights Act of 1964.
Established the popular election of United States Senators by the people of the states. The amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures.
writ of habeas corpus
A court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.
bills of attainder
An act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.The Constitution prohibits this.
ex post facto law
A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits this.
Allows the Congress to levy an income tax without apportioning it among the states or basing it on the United States Census.
Review by the US Supreme Court of the constitutional validity of a legislative act.
Marbury v. Madision
A landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Fletcher v. Peck
First time national government deemed a state law unconstitutional; over sale of land in former Georgia/current Mississippi in exchange for bribe money.
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