Powers & Clauses

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


Flashcards about the Powers and Clauses in America

Resource summary

Question Answer
Enumerated Powers (aka "Expressed Powers") Congress may exercise the powers that the Constitution gives it, subject to the individual rights listed in the Bill of Rights.
Implied Powers Powers that the Congress has that are not stated explicitly in the Constitution.
Inherent Powers Powers that Congress and the president need in order to get things done.
Reserved Powers Powers that the Constitution does not give to the national government that are kept by the states.
Concurrent Powers Powers shared by the state and federal government.
Commerce Clause Gives Congress the power “to regulate commerce with foreign nations, among the several states, and with the Indian tribes.”
Necessary & Proper Clause (aka "Elastic Clause") Powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers.
Full Faith & 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) Establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
Free Exercise Clause (1st Amendment) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
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 & 14th Amendment) Restricts the federal government. 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) No state shall deny to any person within its jurisdiction "the equal protection of the laws".
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