03 Constitutional Structure and Federalism Free Online FlashCards

What does popular sovereignty mean?

Popular sovereignty means that governmental authority ultimately comes from the people, reflected in the Preamble’s opening words, “We the People.”

What is separation of powers?

Separation of powers divides legislative, executive, and judicial power among Congress, the President, and the federal courts.

What are checks and balances?

Checks and balances are constitutional tools that let each branch limit the others, including the presidential veto, Senate confirmations, impeachment, and judicial review.

What are enumerated powers?

Enumerated powers are powers expressly listed in the Constitution, especially Congress’s powers in Article I, Section 8.

What is state police power?

Unlike Congress, which has constitutionally enumerated powers, states traditionally possess general police power to protect public health, safety, welfare, and morals.

What does the Necessary and Proper Clause authorize?

The Necessary and Proper Clause permits Congress to choose appropriate means for carrying out its enumerated powers; it does not create an independent, unlimited legislative power.

What are implied powers?

Implied powers are powers not stated word-for-word but reasonably inferred as appropriate means for exercising expressly granted powers.

What did McCulloch v. Maryland uphold about the national bank?

In McCulloch v. Maryland, the Supreme Court upheld Congress’s authority to create a national bank as an appropriate means of carrying out express financial powers.

Why could Maryland not tax the national Bank?

McCulloch v. Maryland held that Maryland could not tax the national Bank because a state could not interfere with or control a valid federal operation.

What priority rule does the Supremacy Clause establish?

The Supremacy Clause makes the Constitution, valid federal laws, and treaties the supreme Law of the Land when they conflict with state law.

What is federal preemption?

Preemption occurs when federal law displaces conflicting state law. It may be express, field-based, or conflict-based.

What principle does the Tenth Amendment express?

The Tenth Amendment expresses reserved powers: authority not delegated to the United States or prohibited to the states remains with the states or the people.