Powers and Clauses

Joseph Pait
Flashcards by Joseph Pait, updated more than 1 year ago
Joseph Pait
Created by Joseph Pait about 5 years ago
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Powers and Clauses

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Enumerated Powers(looks like numbered) aka "expressed powers" powers listed in the Constitution & given to the national govt. ONLY
Implied Powers Powers given to the Congress that are NOT listed in the Constitution; basis for implied powers is Necessary & Proper clause.
Reserved Powers (Amendment 10) are powers given to the state govts. ONLY.
Concurrent Powers con=with powers the national govt. shares WITH the state govts. Ex. Power to tax.
Commerce Clause (in Article 1, section 8) gives the Congress power to regulate trade.
Necessary & Proper Clause ( Article 1, Section 8, Clause #18) aka the "Elastic Clause" allows Congress to stretch its power.
Full Faith & Credit Clause (Article 4) says each state will respect the laws of another state.
Supremacy Clause (Article 6) says the Constitution, then laws made by Congress are the "Supreme law of the land".
Free Exercise Clause (1st Amendment) says people can freely exercise (practice) their religious beliefs.
Establishment Clause (1st Amendment) states Congress can make NO laws establishing a govt. religion; means "separation of church & state".
Due Process Clause (5th & 14th Amendment) basically means an accused person's right to a lawyer, right to trial by jury, or their right to face witnesses against them can NOT be taken away.
Equal Protection Clause (14th Amendment) guarantees EQUAL TREATMENT to everyone.
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