Powers & Clauses

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Powers & Clauses
victoria russ
Flashcards by victoria russ, updated more than 1 year ago
victoria russ
Created by victoria russ almost 9 years ago
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Question Answer
Enumerated powers (looks like numbered) aka "expressed powers" powers listed in the Constitution & given to the national govt. ONLY
What are examples of enumerated aka expressed powers given to the US Congress?
Implied Powers Powers given to the Congress that are NOT listed in the Constitution; basis for implied powers is the Necessary & Proper clause
What are some examples of implied powers? Expressed Power: Congress can raise an army. Implied Power that goes along with this power Congress can establish a draft, build military bases
Reserved Powers (Amendment 10) are powers given to the state govts. only
Concurrent powers (con= with) powers the national governments shares WITH the state governments. Ex. Power to tax
Commerce Clause (in Article 1, section 8) gives the Congress power to regulate trade
(Article 1, Section 8, clause #18) aka the "Necessary & Proper Clause" allows Congress to stretch its powers
Full Faith & Credit Clause (Article 4) says each state will respect the laws of another state
Supremacy Clause (Article 6) says the Constitution, then laws made by Congress are the "supreme law of the land"
Supremacy Clause
The ____________ is the "Supreme Law of the Land" Constitution
Free Exercise Clause (1st Amendment) says people can freely exercise (practice) their religious beliefs
Establishment Clause (1st Amendment) states Congress can make NO laws establishing a govt religion; means "separation of church & state"
Due Process Clause https://www.youtube.com/watch?v=kmbpyerUxe4 (5th & 14th Amendments) Right to fair procedures; basically means an accused person's right to a lawyer, right to a fair trial in front of a jury, & their right to face witnesses against them can NOT be taken away
Equal Protection Clause (14th Amendment) guarantees EQUAL TREATMENT to everyone
What is the cartoon about? Ans. the Establishment Clause
Explain what the judge means when he says 'Sorry, Kid, they come as a pair"
Name for powers given to the National Government. Name for powers given to the state governments. Name for shared powers.
Selective Incorporation case by case process by which the Bill of Rights have been applied to the states using the Due Process Clause of the 14th Amendment
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