Powers and Clauses

Flashcards by helmsstaci, updated more than 1 year ago
Created by helmsstaci over 5 years ago


Staci Helms Powers and Clauses

Resource summary

Question Answer
Enumerated Powers (aka “expressed power”) the powers specifically granted to the national government
Implied Powers powers that Congress has that are not stated explicitly in the Constitution
Inherent Powers powers that Congress and the president need in order to get the job done right
Reserved Powers regulating trade within state borders, establishing schools, and making rules for marriage and divorce
Concurrent Powers (con=with) powers that both levels of government can exercise
Commerce Clause gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes”
Necessary and Proper Clause (aka "Elastic CLause") allows Congress "to make all Laws which shall be necessary and proper for carrying into Execution the (enumerated) Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof"
Full Faith and Credit Clause (Article 4) addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state"
Supremacy Clause (Article 6) states that all laws made furthering the Constitution and all treaties made under the authority of the United States are the “supreme law of the land”
Free Exercise Clause (1st Amendment) the part of the 1st Amendment that reads like this (in bold) - "Congress shall make no law regarding the establishment of religion or the free exercise thereof." The rights that are guarded by this part of the 1st Amendment are among the rights held most dear by all Americans.
Establishment Clause (1st Amendment) a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion
Due Process Clause (5th and 14th Amendment) it states that no person shall be “deprived of life, liberty, or property without due process of law”
Selective Corporation a case by case process by which the liberties of the Bill of Rights are applied to the state governments by the Due Process Clause of the 14th Amendment
Equal Protection Clause (14th Amendment) provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws"
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