REVIEW+-+Ch+5-S10

REVIEW+-+Ch+5-S10 - Dr. Deborah Pomeroy BLAW 2361 - S10...

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Dr. Deborah Pomeroy BLAW 2361 - S10 REVIEW Ch. 5 —Constitutional Principles FEDERALISM : The form of government in the U.S. whereby the states form a federal union and the power to govern is divided between the federal government and the states. National v. State Powers The new Constitution, -- DELEGATED certain powers to the FEDERAL govt. and -- RETAINED the remaining powers to the STATES . --FEDERAL GOVT: Power must be explicit , spelled out, in the Constitution. --these fed govt powers are called “ enumerated powers ”. --STATES: have “ retained powers ” to do anything that is not an “enumerated” power of the Fed Govt. --Generally this includes the power to enact legislation that has a “ reasonable relationship ” to the health, welfare, and safety of the citizens of a state. --These are known as “ police powers Judicial Review -- COURTS have the power of “judicial review”--i.e., to determine the specific nature and scope of the powers of the STATES and the FED GOVT according to the Constitution --decide whether the laws and actions of the OTHER TWO BRANCHES of govt are constitutional . JUDICIAL REVIEW ” IS NOT in the Constitution, rather it was established in an 1803 SCOTUS case called Marbury v. Madison , 1
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-- ARGUABLY the most significant case in American Cst. Law. COMMERCE CLAUSE The Commerce Clause , Art. 1, S. 8 of the Constitution is the primary source for fed regulation of business and has become the authorization for most fed laws of any kind: …”the U.S. Congress has the power to “regulate Commerce with foreign
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This note was uploaded on 09/24/2011 for the course BLAW 2361 taught by Professor Bible during the Spring '08 term at Texas State.

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REVIEW+-+Ch+5-S10 - Dr. Deborah Pomeroy BLAW 2361 - S10...

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