Flashcards
Chapter 4
Flashcards do conjunto (15)
- 1Federalisma system of government in which a written constitution divides the powers of government on a territorial basis, between a central and state gov.
- 2Expressed powerspowers expressly written in the constitution ARTICLE 1 SECTION 8
- 3Implied powerspowers that are reasonably suggested by the expressed powers ARTICLE 1 SECTION 8 CLAUSE 18 "elastic clause"
ex: Interstate - 4Inherent powerspowers that belong to the national government because it is the national government
ex. power to regulate immigration - 5Reserved Powerspowers that are not granted to the national government and aren't denied to the States.
ex: Marriage and divorce laws - 6Exclusive Powerspowers that the constitution delegates to the national government
COIN MONEY
TAX IMPORTS
MAKE TREATIES WITH FOREIGN NATIONS - 7Concurrent Powerspowers that both the state and national government possess and exercise
COLLECT TAXES
DEFINE CRIMES & SET PUNISHMENTS - 8The Supremacy ClauseARTICLE 6 SECTION 2
The Constitution ranks above all other forms of law - 9McCulloch v. Maryland1. Congress created the 2nd National bank in Baltimore Maryland
2. Maryland taxes the bank
3. Bank president (McCulloch) refuses to pay the taxes
4. State court rules in favor of Maryland
5. Supreme Court rules in favor of McCulloch
6. John Marshall decides:
A) the bank is constitutional 1 8
B) Supremacy Clause "The power to tax is the power to destroy
C) Sovereignty lies with the people - 10The National government guarantees the states1) representative government
2) protection from invasion and internal disorder
3) territorial integrity - 11Interstate Compactsagreements among states with foreign nations
- 12Full Faith & CreditARTICLE 4 SECTION 1 laws, records, and judicial proceedings have to be honored by all 50 states. It has to be civil and not criminal and doesn't include divorces
- 13Extraditionlegal process by which a fugitive from a state has to be returned to that state
- 14Privileges & Immunitiesno state can draw unreasonable distinctions between its own residents and those persons who live in another state
- 15Marbury v. Madison1) the election of 1800 TJ defeats Adams
2) the election is in Nov. but TJ doesn't take office until March 4th
3) Judiciary Act of 1789 & 1801 created lower courts
4) Adams filled courts with Feds
5) William Marbury doesn't receive his judgeship b4 TJ takes office
6) Adams' secretary of state John Marshall is tasked with delivering the certificates.
7) TJ's secretary of state Madison is ordered to stop the deliveries
8) Marshall rules against Marbury bc judiciary act of 1789 is unconstitutional
ESTABLISHES JUDICiARY REVIEW
Informações
- Descrição
- FlashCards sobre Chapter 4, criado por Heidi Avery em 06-02-2018.
- Criado por
- Heidi Avery · fev 2018
- Atualizado
- 6 fev 2018
- Visualizações
- 0
- Avaliação