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Primary Method for Making Amendments |
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may be proposed by a 2/3 vote of each house of COngress and ratified by 3/4 of state legislatures executive and judicial branches are not involved |
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Necessary and Proper clause |
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Article 1, Section 8, Clause 18 Implied powers Congress has allows them to make all laws which will be necessary and proper also includes list of expressed powers COngress has (right to declare war, tax) |
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first case in which the US Supreme Ct applied the necessary and proper clause question of whether Congress had the power to charter a bank expanded federal power |
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vague, ambiguous language in the Constitution |
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unreasonable searches and seizures executive power vested in the President done on purpose because it allows room to define later as things change |
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birth of judicial review (Supreme Court deteremines constitutionality of laws passed by Congress) Adams' midnight appts, Maddison didn't give the jobs to the judges |
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loose construction/judicial activism |
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federal government can take reasonable actions that the constitutuion does not specifically forbid |
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strict construction/judicial restraint |
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federal government should do only what the constitution specifically says it can do |
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form of government in which a constitution distributes authority and powers between a central government and smaller governments |
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idea that national government has limited power, most power to the state government layerd cake |
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mied set of responsibilities in which all levels are engaged |
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return to the idea of a limited national government made popular by Raegan |
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checks the growth of tyrannhy allows unity without uniformity encourages experimentation provides training for national officials keeps government closer to the people creates opportunities for national candidates |
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delegated/ expressed powers |
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powers given to the national government in the Constitution regulate interstate commerce coin money |
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inferred from the expressed powers necessary and proper clause |
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those not dependent on the Constitution usually for military and foreign policy determine borders |
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powers not delegated to the national government 10th Amendment schools licenses (marriage, law) |
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powers both the national and state governments possess levy taxes (we pay federal and state income taxes) |
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has taken the form of grants-in-aid money the federal government gives to the states |
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categorical (most used) block revenue sharing (least used) |
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broad transportation in iowa |
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broadest do what you want with the money |
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requirements the state must meet in order to receive federal funds ex: raise drinking age, lower blood alcohol content, open schools up to minorities |
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tendency for grants to acquire mandates where none had previously existed "strings attached" come later in the game |
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