- If power not given to National government then states can carry out power.
- Last of Bill of Rights
- Outlines what Federalism is
- States have sovereign immunity.
- States can't be sued in Federal Court without consent.
- States cannot commit illegal wrong.
Amendment-Enforcing Congressional Power
- Congress' power to enact/enforce amendments.
- Slavery, voting, etc.
Adequate and Independent State Grounds Test
- SCOTUS will stay out of it.
- State courts interpret own legal standards.
- If state courts follow this, then not subject to judicial review.
- Gives Congress powers and limits.
- Congress is legislative branch that makes laws.
- Made up of Senate and House.
Creates Executive/Presidential branch.
- Creates Judicial branch and courts.
- Gave power to Congress.
- Decisions made by the courts.
- Varies by jurisdiction.
- Common Law marriage
Concurrent State/Federal Powers
- create/collect taxes
- borrowing money
- make/enforce laws
- charter banks/corporations
- the belief that states are more inferior than federal government
- establish local governments
- issue licenses
- regulate intrastate
- hold elections
- protect health/public safety
- declare war
- establish army/navy
- regulate commerce between states and international trade
- post offices
- make laws
Constitutional War Powers
Power to make war varies between Congress and President
- National, state, local governments interact together.
- During the New Deal
- National supremacy favors cooperative federalism
Delgation of Powers
one branch gives power to another branch
- the veto
- dismissing executive officials
- protecting Presidential confidentiality (executive privilege)
- protecting President from lawsuit (immunity)
- two dinstinct spheres of influence: state and national
- states favor dual federalism
Enumerated (National) Powers
- tax and spend
- general welfare
- coin/regulate money
- declare war
- post office
- create army/navy
Executive Power of Appointment/Removal
President has power to appoint/remove members of executive branch
Presidents right to withhold information from the public
division of power between State and National government
Federal Preemption Legal Test
- 1. Federal government can't preempt if no room for states.
- 2. States can't get involved if not important issue.
- 3. Danger of confliction between states and federal.
- Anything that is not enumerated or is unlisted/not stated
- The Necessary and Proper Clause
Inherent Congressional Powers
- control borders
- diplomatic recognition
- acquire territory
- defend government from revolution
when court tells a lower court what to do
- power of court to review laws, treaties, politices, cases to overturn the unconsititutional ones.
- The Marshall Theory
- The Gibson Theory
- The Taney Theory
location of where case/court originated
not all cases are capable of being decided by a court
- Government should not interfere with commercial affairs
- "hands off"
Membership in Congress
- Bicameral Legislature
- Senate - 100 members; 6 years
- House - 435 members; 2 years
- when a case is no longer able ot be determined
- court won't hear a case if it's already decided
National Preemption of State Laws
a state may not pass a law that is inconsistent with the federal law
- When federal law trumps state law.
- Laws and interests of federal government are superior to states.
Nation-State Relations: The Doctrinal Cycle
has developed because Justices have moved between state rights and nation supremacy positions
New Judicial Federalism
- If states pass laws that dont conflict then states wont get involved.
- New (milder) form of Federalism
may be constitutional in nature but SCOTUS won't address them; better by another branch
- principle/rule established in previous legal case
- Judges must respect precedent established by prior decisions
- "to stand by decisions and not disturb the undisturbed"
Presidential Immunity from Lawsuits
Absolute immunity for official actions but not for actions that occured before becoming President.
case is not judiciable/hearable if controversy is premature
Standing to Sue
sufficient connect to have the right to sue; injured or danger of suffering a loss
State Sovereign Immunity
prevents sovereign state/person from being sued without consent
The Electoral College
- Body of people representing U.S.
- Elect President and VP
Power to Pardon
- Presidential powers and authory to carry out duties of the office.
- veto power
- executive orders
- powers of appointment
- pardon power
- power of impoundment
- foreign policy powers
- war powers