U.S. Government Powers, Laws, and Constitutional Principles

What does the Necessary and Proper Clause allow Congress to do?

It allows Congress to make all laws necessary for carrying into execution its powers.

What does Article 3 of the Constitution establish?

It creates one federal court that is independent from the other branches.

What is the Supremacy Clause?

It establishes that the Constitution and federal laws made under its authority are the supreme law of the land.

What was the issue in McCulloch v. Maryland (1819)?

Whether Congress had the authority to establish a bank and if Maryland law unconstitutionally interfered with congressional powers.

What are the two kinds of laws mentioned?

Criminal and Civil laws.

What is meant by 'Burden of Proof'?

It refers to the obligation to prove one's assertion in a legal case.

What are some principles encompassed by the Rule of Law?

Absence of corruption, open government, order and security, regulatory enforcement, and civil justice.

What is federalism?

A political system that includes both a general government and regional governments.

What does the term 'interstate commerce' refer to?

Commerce that occurs between states.

What powers does Congress have regarding military actions?

Declare war, support the army and navy, and provide a militia.

What is the role of the President in the judicial nomination process?

The President nominates certain federal officers, including Supreme Court Justices and ambassadors.

How does the Constitution protect the salaries and terms of Justices?

The President and Congress cannot reduce the salaries or terms of Justices.

What is the significance of the phrase 'Faithfully execute' in relation to the Executive branch?

It emphasizes the President's duty to ensure that laws are executed as intended.

First Amendment

Protects, speech, press, relgion, petition, and assembly

Second Amendment

Right to keep and bare arms (guns)

Fifth Amendment

Due process -> goverment cant abuse legal procedures

Sixth Amendment

Court protects -> fair speedy trials, rights to Know accuser, & have council / witnesses

Seventh Amendment

Jury Trail

Eighth Amendment

No exussive bail, no curel unsusal punishment

ninth Amendment

rights are not resserved in the contrition

Tenth Amendment

Powers to state not in constitution ( Reconstrution amendement = 13, 14, 15)

Thirtheenth Amendement

No Slavery

Fifthteenth Amendment

No denial of right because of race color, previous status, congress can enforce

IRAC stands for

1. Identify the issue

2. What laws Apply

3. Analysis

4. Reach a conculsion

Separation of Powers is?

Balence

Nessery & Proper

Sweeping Cause, gives congress implied powers

Congress

Writes Laws

Executive

Enforces the laws

judical power

Supreme court

Power of Exexutive

vetos, grants pardons, makes treaties, nomitates officers

Power of congress

Has the power to ensure which laws are necessary

Judical Review

Checks on other branches of power, can test is laws are uncon or conditional

Federalism

Within a single polical system is a general goverment and regional goverment

Rule of Law

Exercise of power by subordingting to well-defined and established laws