Term
Constitution Recognition of Federal Government Dominance
Supremacy Clause |
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Definition
-Makes the Constitution, federal laws, and treaties the "supreme law of the land" by which state courts are bound. |
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Term
Constitution for Congress' expansion of power
Necessary and Proper Clause |
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Definition
-Enables Congress to pass laws needed to carry out its enumerated powers. |
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Term
Constitution for Congress' expansion of power
Commerce Clause |
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Definition
-Gives Congress the power to regulate interstate commerce |
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Term
Constitution for Congress' expansion of power
General Welfare Clause |
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Definition
-Enables Congress' spending power to be used to promote the "general welfare" |
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Term
Defined Federal-State Relations by the Supreme Court
McCulloch v. Maryland |
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Definition
1819
-Congress has broad implied powers under the necessary and proper clause
-States have no power to interfere with a law that Congress passes |
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Term
Defined Federal-State Relations by the Supreme Court
Gibbons v. Ogden |
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Definition
1824
-Under the commerce clause, "commerce" is defined as any "commercial intercourse" affecting two or more states
-Congress used broad interpretation of the commerce clause to prohibit discrimination in public accommodations in the Civil Rights Act of 1964.
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Term
Constitution Power Grants for States
South Dakota v. Dole |
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Definition
-The Supreme Court upheld law that authorizied the Secretary of Transportation to withold federal highway funds from states that did not raise the min. drinking age to 21
-On grounds that legislation was pursuant to the general welfare clause |
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Term
Constitution Power Grants for States
Article 1 Section 2
(limited by 14th, 15th, 19th, 24th, and 26th) |
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Definition
-States determine qualifications |
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