nation's inherent right to ensure its survival;

each nation must have the ability to act in its own interest among other nations

Any nation must have them in order to function in the international system of systems, they ensure the nation's survival & integrity as a political unit

Found in the Constitution, traditional practice & interpretation by the courts

ex: regulate immigrants, make treaties, wage war, make peace

Powers that the national govt. cannot deny to the states

tenth amendment: powers that are not delegated to the US by the Constitution, and nor prohibited to the states, are reserved to the states

ex: police power: authority to legislate for the protection of the health, morals, safety, and welfare of the people; enables states to pass lawa governing crimes, marriage, contracts, education, intrastate trasportaion and land use

Powers held jointly by the national and state govt; in Constitution but most are implied

ex: power to tax; power to borrow funds, establish courts, spend money, regulate commerce

state: intrastate"within"

 federal: interstate"across"

Denied powers to the National and State govt.

Federal

Any power not granted expressly or implicitly to the federal govt. by the constitution is prohibited to it

found in Constitution, Article I Section 9, Bill of Rights

ex: habeas corpus, no ex post facto laws, no bills of attainder, cant infringe rights

 State

found in Constitution, Article I Section 10, Bill of Rights

ex: cant coin money, enter into treaties, regulate commerce, refuse other state citizens equalities

A system in which the states and the national govt each remain supreme within their own spheres.

The doctrine looks on nation and state as so-equal sovereign powers. Neither the state govt. nor the national govt. should interfere in the other's sphere

"layer cake"

The theory that the states and the national govt should cooperate in solving problems.

"marble cake"

A model of federalism in which specific programs and policies (depicted as vertical pickets) involve all levels of govt national, state, and local (horizontal pickets).

Officials at each level of the govt work together to promote and develop the policies

If the National govt. infringes upon rights and is contrary to the const. then the state will come in between the citizens and National govt.

 State legislature will decide if the fed. govt. is infringing. (notes)

The states remain sovereign entities so they have the right to declare federal laws null and void.

when states nullify a law and federal govt still persists, they heve the right to sucede (no longer true due to civil war)

Those personal freedoms that are protected for all individuals; restrainment of govt actions against individuals

the freedoms that we as individuals have that are protected against actions of the govt.

The view that most of the protections of the Bill of Rights apply to state govt through the 14th amend's due process clause.

making Bill of Rights limits applicable to states through 14th ammendment. * process?

The provision of the First Amend guaranteeing the free exercise of religion.

constrains the national govt from prohibitng individuals from practicing the religion of their choice

applying the law fairly and going through procedures before depriving on of their liberties

the right to a proper trial *

 The govt can neither promote nor discriminate against religious beliefs.

First Amendment: prohibits the establishment of a church that is officially supported by the national govt, guaranteeing a division between church and state

Amendment IV

133-134

"burden may be 'undue' either because [it] is too severe or because it lacks a legitimate, rational justification."

The undue burden test has been used to judge the constitutionality of tax laws, consumer product liability laws, affirmative action, voter registration laws and even anti-spam laws.