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popular sovereignty
government based on the consent of the people; the people are the ultimate source of government's power
federalism
the distribution of powers between the federal government and state (and local) governments; limits the powers of the federal government
delegated powers (aka enumerated powers)
powers of the federal government (Congress) that are specifically listed in the Constitution; found in Article 1, Section 8 of the Constitution
implied powers
powers of the federal government that are NOT listed in the Constitution; these powers must be “necessary and proper“ to carry out delegated powers
the “necessary and proper“ clause (aka the “elastic clause“)
allows federal government to stretch its delegated powers into implied powers, allows federal government to adapt to changing times (flexibility)
the commerce clause
Congress shall have the power to regulate commerce with foreign nations, and among the several states and the Indian tribes
interstate commerce
trade and travel that occurs between states, federal government regulates
intrastate commerce
trade and travel that occurs within a state, state government regulates
reserved powers
powers of the state government, all powers not delegated to the federal government, are powers of the state; the 10th Amendment reserves power to the states
concurrent powers
powers that are shared by the federal (national) and state government
writ of habeas corpus
the constitutional right to be informed of the crime you have been accused of committing within a timely fashion, i.e. a lawful reason must be given for a person's detention by the government
ex post facto law
meaning “after the fact”, a person cannot be arrested for an act that was not a crime at the time the act took place; both the federal and state governments are prohibited from passing such a law