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20 Cards in this Set

  • Front
  • Back

Fedralism

U.S. first country to adopt this system of government




significant governmental powers are divided between federal and state governments

Enumerated Powers

specific powers given to Congress

Concurrent Powers

powers that are shared by the federal and state governments




(power to tax, right to borrow money, can establish courts, charter banks, spend money for general welfare)

Reserved Powers

powers not delegated to the national government are reserved to the States or to the people

Supremacy Clause

states that in situations of conflict between states and federal law that federal law is supreme

Necessary and proper Clause

gives Congress the authority to enact any laws that are necessary and proper for carrying out the enumerated powers

Full Faith and Credit Clause

provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states with the U.S.

Gibbons v. Ogden (1824)

New York legislature granted Robert Fulton exclusive navigating privileges on all waters within the jurisdiction of the state




Ogden obtained license from New York




Gibbons had a coasting license from federal gov.




state vs national powers argument




court sided with Gibbons

Barron V. Baltimore (1833)

Decided whether U.S. Bill of Rights could be applied to state and local governments




Barron sued for damage to his dock from city




Marshall court argued that Bill of Rights did not apply to states; only the national gov. is bound by them

Nullification Doctrine

this was used to justify the southern states resistance to national actions to limit slavery




John C. Calhoun theorized that the federal government functions merely as the agent of the states

Equal Protection Clause

declares that all people get the equal protection of laws

13th Amendment

amendment that ended slavery in U.S.

Privileges and Immunities Clause

declares that no state can deny any citizen the privileges and immunities of American citizen

Due Process Clause

limit states abilities to deprive citizens of their legal rights

14th Amendment

Amendment which included: priviliges and immunities clause, due process clause, equal protection clause

15th Amendment

Amendment that prohibits federal and state governments from denying any citizen the right to vote based on race, color, or previous servitude

Missouri Compromise 1820

first major legislative compromise passed to settle the slavery issue by drawing a line between slave and free territory

Civil Rights Act of 1866

declared that people born in the U.S. and not subject to any foreign power are entitled to be citizens without regard to race, color, or previous condition of slavery or involuntary servitude.




Johnson vetoed it and for the first time Congress overcame a veto with a 2/3 majoirty

McCulloh V. Maryland (1819)

state argued that the national government had no authority to charter a bank since it is not the explicitly given this power in the constitution




affirmed the doctrine of national supremacy




implied power

Dredd Scott V. Sanford (1857)

supreme court case that ruled African Americans, regardless if they were slaves or free, could not be considered citizens and therefore, had no right to sue in federal court