GFA

• 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.

• Congress' power to enact/enforce amendments.
• Slavery, voting, etc.

• 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

• create/collect taxes
• highways
• 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
• treaties
• regulate commerce between states and international trade
• post offices
• make laws

Power to make war varies between Congress and President

• National, state, local governments interact together.
• During the New Deal
• National supremacy favors cooperative federalism

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

• tax and spend
• general welfare
• coin/regulate money
• declare war
• post office
• create army/navy

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

• 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

• 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"

• 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

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.

has developed because Justices have moved between state rights and nation supremacy positions

• 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"

Absolute immunity for official actions but not for actions that occured before becoming President.

case is not judiciable/hearable if controversy is premature

sufficient connect to have the right to sue; injured or danger of suffering a loss

prevents sovereign state/person from being sued without consent

• Body of people representing U.S.
• Elect President and VP

• 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