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Law notes Ch 4

Law notes Ch 4 - Law Notes Ch 4 I The US Constitution and...

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Law Notes Ch. 4 I. The US Constitution and the States a. Delegated and Shared Powers i. Powers given to the states by the government are delegated powers ii. Powers delegated to the national government, but still may exist in states are shared powers b. Other powers i. State possesses the power to adopt laws to protect the general welfare, health, safety, and morals of the people – called police power. ii. Prohibited powers – e.g. ex post facto laws cannot be passed. They make criminal an act that has already been committed but was not criminal when it was committed. c. Federal Supremacy i. Federal law preempts conflicting state legislation/regulation. ii. The Constitution and statutes passed by Congress are the supreme law of the land. They cancel out any conflicting state law. 1. State law can, however, regulate areas that are not all covered by the federal statute. iii. Silence of Congress – in some situations, this means that Congress does not want any law on the matter.
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