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46 Cards in this Set
- Front
- Back
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Ableman v. Booth
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(1859) Ruled the national gov't with its supremacy acts as protector of the states.
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Alden v. Maine
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(1999)Allowing state employees to sue state employers
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Anti-federalist
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View of the national gov't being colossal and states being weak
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Board of Trustees v. Garret
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Another case barring lawsuits against the states from citizens
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Colley v. Board of Wardens
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A case contrasting concurrent and exclusive power giving the power to the national government with commerce
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Concurrent powers of national government
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Powers shared by the national and state gov't; Exempli gratia, taxation or court systems
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Delegated powers (Constitution)
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The constitution delegates power to the national government
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Dual federalism
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SCOTUS as neutral and separate from the federal gov't
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Ex parte Young
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Allowing suits state citizen v state be heard in federal courts
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Exclusive powers of the national government
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Powers delegated exclusively to congress
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Express powers
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Powers specifically delegated to congress Article I SS. VIII Cl.XVIII
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Federal question
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Regarding the constitution, treaty or Nat’l/state issue
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Federalist No. 23
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4 purposed of the Union: Defense, public peace, commerce, foreign relations
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Federalist No. 51
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paper on the importance of each part of gov't functioning on its own though mutually with others.
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Garcia v. SAMTA
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(1985) Upholding a federal minimum wage; Overturned Nat'l leagues of city v Usury
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Governmental immunity
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The national gov't safe from state gov't in taxing or suits
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Graves v. New York
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(1939) If states cannot tax Nat’l gov't, nat'l gov't cannot tax the state.
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Hans v. Louisiana
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(1890) Barring state citizens suing state
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Implied powers
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The powers of congress vested in the "necessary & proper clause"; as opposed to express powers
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Judicial federalism
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Federalism in the Judiciary
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Juilliards v. Greenman
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(1884) A case of resulting powers to congress; Money, eminent domain, national treaties.
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Kimel v. Florida board of Regents
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Congress may not force state citizens to sue their states for monetary damages
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Michigan v. Long
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(1983) Questions selective incorporation; 4th amendment; car search
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National Leagues of City v. Usury
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(1976) Congress may not enforce minimum wage on states (overruled by Garcia v samta)
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National Supremacy
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The nation as supreme to the states
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Necessary & Proper Clause
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AKA Elastic clause; An extension of implied powers to congress
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Nevada HR Dept. v. Hibbs
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Another case barring lawsuits against the states from citizens
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New York v. US
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(1946) Applied SC v. US, to tax state goods; interstate commerce
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NY v US
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A case ordering states to dispose of waste properly
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Pennsylvania v. Nelson
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A case that ruled the national government can take over state cases even if similar legislation has been passed in both
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Pennsylvania v. Union Gas
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(1989) Allowing suits against the state for monetary damages
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Police power
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A power of the states to not obey the nat'l gov't.
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Preemption
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National gov't over state gov't
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Printz v. US
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(1997) Allowing instant background checks of gun purchasers
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Reciprocal immunity
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If state and nation were equal both would have equal leverage over the other
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Reserved power
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Powers to the states allowing state laws across the nation
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Resulting power
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Extension of implied powers; Exempli gratia, eminent domain.
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Seminole Tribe v. Florida
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Overruled PA v. Union Gas, states cannot be sued even for monetary damages
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South Carolina v. Baker
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(1988)Allowed federal taxing on state citizens who had money in a state bank (Overturned Pollock v. Loan & Trust co.)
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South Carolina v. US
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(1905) Upheld a federal tax on state liquor; Immunity doctrine
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Sovereign immunity
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States cannot be sued without content
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State v. Georgia
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(2006) A case allowing law suits pertaining to inmates in federal prison
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Supremacy Clause
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Article VI PII;Holds that the national government is superior to the state government in times of conflict
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Texas v. White
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The constitution is designed to keep both the nation and its states unified; Indestructible union
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United States v. Darby
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Less the states have surrendered their rights certain rights are retained
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