4653789
Description
Flashcards by Justin Best, updated more than 1 year ago
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Created by Justin Best
about 8 years ago
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| Question | Answer |
| enumerated powers | re a list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authority of Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. |
| implied powers | that is, powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I. |
| reserved power | residual powers are those powers which are not "enumerated" |
| concurrent power | are powers in nations with a federal system of government that are shared by both the federal government and each constituent political unit |
| commerce clause | refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” |
| necessary & proper clause | The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing 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 & credit clause | 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 | It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. |
| free exercise clause | refers to the section of the First Amendment italicized here |
| establishment clause | is a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion. |
| due process clause | of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived of life, liberty, or property without due process of law.” |
| equal protection laws | A phrase in the Fourteenth Amendment to the United States Constitution requiring that states guarantee the same rights, privileges, and protections to all citizens. |
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