acct class 3 - Constitutional Principles Federalism-...

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Constitutional Principles Federalism- according to which the authority to govern is divided between federal and state governments (U.S. Constitution) Under the current system of checks and balances, each branch of government has its own distinct responsibilities and each one has its powers checked by the other two branches to ensure that no branch has enough unchecked power to take control of the government Overturn a veto by 2/3 of Congress Judicial review- a process that allowed courts to review legislative and executive actions to determine whether they are constitutional. It allows courts to review the constitutionality of lower courts’ decisions. Ex) Marbury v. Madison Supremacy clause- any state or local law that directly conflicts with the Constitution, federal laws, or treaties is void. Ex) the Federal Aviation Administration has banned the use of cell phones on airplanes. If a Missouri law permitted cell phone usage on airplanes, it would be unconstitutional according to the supremacy clause. Concurrent authority- both governments have the power to regulate the same subject matter. In such cases, the states may regulate in the area as long as a person’s compliance with the state regulation would not cause him or her to be in violation of a federal regulation. Federal preemption- in areas where the state and federal governments have concurrent authority, the federal government can decide to regulate that area exclusively, in such
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This note was uploaded on 02/08/2012 for the course ACCT 324 taught by Professor Eppink during the Spring '10 term at South Carolina.

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acct class 3 - Constitutional Principles Federalism-...

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