Federal/State Powers, Supremacy, The Elastic Clause, and Judical Review
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Study for the monday test in civics.
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13 Terms
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Federal Powers
also called enumerated, express and implied powers of Congress
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State Powers
are called reserved powers; powers that are reserved for the states
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Concurrent Powers
are powers that both the states and federal government have
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YOU SHOULD RECOGNIZE and IDENTIFY WHICH POWERS ARE ENUMERATED, RESERVED, and CONCURRENT!
Study the Venn Diagram!
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commerce
the buying and selling of goods; trade; business
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regulate
to control with rules
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Elastic Clause
Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. This "stretches" the power of Congress.
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Article VI of the Constitution
Supremacy Clause; the Constitution and Federal laws are the supreme laws of the United States.
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Supremacy Clause
Constitution and Federal laws are the supreme law of the land; federal laws are to be enforced over state laws if they conflict
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McCulloch v. Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government; and using the elastic clause to establish the National Bank.
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Judicial Review
The power of the courts to declare laws unconstitutional
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Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
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Federalism
A system in which power is divided between the national and state governments