Card Set Information
If power not given to National government then states can carry out power.
Last of Bill of Rights
Outlines what Federalism is
States have sovereign immunity.
States can't be sued in Federal Court without consent.
States cannot commit illegal wrong.
Amendment-Enforcing Congressional Power
Congress' power to enact/enforce amendments.
Slavery, voting, etc.
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.
Gives Congress powers and limits.
Congress is legislative branch that makes laws.
Made up of Senate and House.
Creates Executive/Presidential branch.
Creates Judicial branch and courts.
Gave power to Congress.
Decisions made by the courts.
Varies by jurisdiction.
Common Law marriage
Concurrent State/Federal Powers
the belief that states are more inferior than federal government
establish local governments
protect health/public safety
regulate commerce between states and international trade
Constitutional War Powers
Power to make war varies between Congress and President
National, state, local governments interact together.
During the New Deal
National supremacy favors cooperative federalism
Delgation of Powers
one branch gives power to another branch
dismissing executive officials
protecting Presidential confidentiality (executive privilege)
protecting President from lawsuit (immunity)
two dinstinct spheres of influence
: state and national
states favor dual federalism
Enumerated (National) Powers
tax and spend
Executive Power of Appointment/Removal
President has power to appoint/remove members of executive branch
Presidents right to withhold information from the public
division of power between State and National government
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.
Anything that is not enumerated or is unlisted/not stated
The Necessary and Proper Clause
Inherent Congressional Powers
defend government from revolution
when court tells a lower court what to do
power of court to review laws, treaties, politices, cases to overturn the unconsititutional ones.
The Marshall Theory
The Gibson Theory
The Taney Theory
location of where case/court originated
not all cases are capable of being decided by a court
Government should not interfere with commercial affairs
Membership in Congress
Senate - 100 members; 6 years
House - 435 members; 2 years
when a case is no longer able ot be determined
court won't hear a case if it's already decided
National Preemption of State Laws
a state may not pass a law that is inconsistent with the federal law
When federal law trumps state law.
Laws and interests of federal government are superior to states.
Nation-State Relations: The Doctrinal Cycle
has developed because Justices have moved between state rights and nation supremacy positions
New Judicial Federalism
If states pass laws that dont conflict then states wont get involved.
New (milder) form of Federalism
may be constitutional in nature but SCOTUS won't address them; better by another branch
principle/rule established in previous legal case
Judges must respect precedent established by prior decisions
"to stand by decisions and not disturb the undisturbed"
Presidential Immunity from Lawsuits
Absolute immunity for official actions but not for actions that occured before becoming President.
case is not judiciable/hearable if controversy is premature
Standing to Sue
sufficient connect to have the right to sue; injured or danger of suffering a loss
State Sovereign Immunity
prevents sovereign state/person from being sued without consent
The Electoral College
Body of people representing U.S.
Elect President and VP
Power to Pardon
Presidential powers and authory to carry out duties of the office.
powers of appointment
power of impoundment
foreign policy powers