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The powers granted by the constitution
- Congressional power
- Executive power
- Judicial Power
- People's protected rights(first 10 amendments--bill of rights)
What is Federalism?
- A federal government of enumerated powers.
- --those powers not specifically granted to Congress were retained by the individual states.
What is supremacy clause?
If conflict between fed and state laws, fed preempt and state's is void. Fed can also preempt if it want exclusive control. only if no conflict and not exclusive to fed is state's law allowed to control.
what the first 10 amendments guarantee?
many rights to individual citizens. (bill of righs)
Congressional power and Commerce clause
- Congressional powers: impose taxes, spend money, create copy rights, declare war, support military.
- Commerce Clause states: Congress shall have power to regulate commerce with foreign nations, and among the several states. it's broadly interpreted.
Dormant (negative) aspect of Commerce clause.
- A state statue that discriminates against interstate commerce is almost always unconstitutional.
- also it limits trades between states.
Excutive Powers-- powers of the President.
- Basic job of the President is to enforce nation's laws.
- 3 keys powers:
- Legislation ( introduce bills)
- Foreign policy (treaties, commander in chief)
Judicial power--- Federal Courts: What is its powers?
- Federal courts have 2 key power function.
- Adjudication (tryin cases)
- Judicial review--the ultimate grab of power: the power of federal courts to declare a statue or government action unconstiutional and void.
What is 1st Amendment?
What are their 3 elements?
- Freedom of speech.
- Political speech(most protected) vs. non political speech.
- time, place and maner
What is commercial speech? How is it protected?
Speech that has a dominant theme to propose a commercial transaction-- protected by 1st amend, but gov can regulate it more than other types of speech. commercial speech that false more misleading may be outlawed.
What is the substantial effect rule?
Congress can regulate any acitivity that has a substantial economic effect on interstate commerce.
What is judicial activism?
a court's willingness to be involved in major issues.
a court's attitude that it should leave lawmaking to legislators.
The power of the governement to take private property for public use.
The 3 types of classification of the 14th Amendment.
- 1. economic and social relation--minimal--must rational relate to a legitimate state interest.
- 2. Gender--intermediate--must be substantially relate to an important governenmt object.
- 3. Race, religion, national origin: strict-- must be nessessary to promote a compelling government interest.