Card Set Information

2013-02-16 14:49:30

Show Answers:

  1. 10th amendment
    • If power not given to National government then states can carry out power.
    • Last of Bill of Rights
    • Outlines what Federalism is
  2. 11th amendment
    • States have sovereign immunity.
    • States can't be sued in Federal Court without consent.
    • States cannot commit illegal wrong.
  3. Amendment-Enforcing Congressional Power
    • Congress' power to enact/enforce amendments.
    • Slavery, voting, etc.
  4. Adequate and Independent State Grounds Test
    • SCOTUS will stay out of it.
    • State courts interpret own legal standards.
    • If state courts follow this, then not subject to judicial review.
  5. Article I
    • Gives Congress powers and limits.
    • Congress is legislative branch that makes laws.
    • Made up of Senate and House.
  6. Article II
    Creates Executive/Presidential branch.
  7. Article III
    • Creates Judicial branch and courts.
    • Gave power to Congress.
  8. Common Law
    • Decisions made by the courts.
    • Varies by jurisdiction.
    • Common Law marriage
  9. Concurrent State/Federal Powers
    • create/collect taxes
    • highways
    • borrowing money
    • make/enforce laws
    • charter banks/corporations
  10. State's Rights
    • the belief that states are more inferior than federal government
    • establish local governments
    • issue licenses
    • regulate intrastate
    • hold elections
    • protect health/public safety
  11. National Rights
    • declare war
    • establish army/navy
    • treaties
    • regulate commerce between states and international trade
    • post offices
    • make laws
  12. Constitutional War Powers
    Power to make war varies between Congress and President
  13. Cooperative Federalism
    • National, state, local governments interact together.
    • During the New Deal
    • National supremacy favors cooperative federalism
  14. Delgation of Powers
    one branch gives power to another branch
  15. Domestic Powers
    • the veto
    • dismissing executive officials
    • protecting Presidential confidentiality (executive privilege)
    • protecting President from lawsuit (immunity)
  16. Dual Federalism
    • two dinstinct spheres of influence: state and national
    • states favor dual federalism
  17. Enumerated (National) Powers
    • tax and spend
    • general welfare
    • coin/regulate money
    • declare war
    • post office
    • create army/navy
  18. Executive Power of Appointment/Removal
    President has power to appoint/remove members of executive branch
  19. Executive Privilege
    Presidents right to withhold information from the public
  20. Federalism
    division of power between State and National government
  21. Federal Preemption Legal Test
    • 1. Federal government can't preempt if no room for states.
    • 2. States can't get involved if not important issue.
    • 3. Danger of confliction between states and federal.
  22. Implied Powers
    • Anything that is not enumerated or is unlisted/not stated
    • The Necessary and Proper Clause
  23. Inherent Congressional Powers
    • control borders
    • diplomatic recognition
    • acquire territory
    • defend government from revolution
  24. Judicial Doctrine
    when court tells a lower court what to do
  25. Judicial Review
    • power of court to review laws, treaties, politices, cases to overturn the unconsititutional ones.
    • The Marshall Theory
    • The Gibson Theory
    • The Taney Theory
  26. Jurisdiction
    location of where case/court originated
  27. Justiciability
    not all cases are capable of being decided by a court
  28. Laissez-Faire Economics
    • Government should not interfere with commercial affairs
    • "hands off"
  29. Membership in Congress
    • Bicameral Legislature
    • Senate - 100 members; 6 years
    • House - 435 members; 2 years
  30. Mootness
    • when a case is no longer able ot be determined
    • court won't hear a case if it's already decided
  31. National Preemption of State Laws
    a state may not pass a law that is inconsistent with the federal law
  32. National Supremacy
    • When federal law trumps state law.
    • Laws and interests of federal government are superior to states.
  33. Nation-State Relations: The Doctrinal Cycle
    has developed because Justices have moved between state rights and nation supremacy positions
  34. New Judicial Federalism
    • If states pass laws that dont conflict then states wont get involved.
    • New (milder) form of Federalism
  35. Political Questions
    may be constitutional in nature but SCOTUS won't address them; better by another branch
  36. Precedent/Stare Decisis
    • principle/rule established in previous legal case
    • Judges must respect precedent established by prior decisions
    • "to stand by decisions and not disturb the undisturbed"
  37. Presidential Immunity from Lawsuits
    Absolute immunity for official actions but not for actions that occured before becoming President.
  38. Ripeness
    case is not judiciable/hearable if controversy is premature
  39. Standing to Sue
    sufficient connect to have the right to sue; injured or danger of suffering a loss
  40. State Sovereign Immunity
    prevents sovereign state/person from being sued without consent
  41. The Electoral College
    • Body of people representing U.S.
    • Elect President and VP
  42. Power to Pardon
    • Presidential powers and authory to carry out duties of the office.
    • veto power
    • executive orders
    • powers of appointment
    • pardon power
    • power of impoundment
    • foreign policy powers
    • war powers