When did Marshall serve as Chief Justice? Special Function Theory says someone should be able to sue because courts are keeping the government in check. Stop trying to limit Congress' use of the commerce clause, Theory that the states and national government should cooperate in solving problems, Cooperative Federalism has been the era since _______, In Cooperative Federalism, the national government _____ and ___________ _______, states ____. What was the decision in McCulloch v. Maryland? Formula grants are based on variables in states, program grants are not, Program grants give the ________ ________ more control over ______ ________. Make sure states do not discriminate against one another's citizens. Marbury (P) and others were appointed justices of the peace for the District of Columbia by President Adams and confirmed by the Senate on Adams's last day in office. What was decided in United States v. Morrison? P is entitled to commission. What system are the majority of nations in the world? Obama pledged to take in _________ (heavily _______) Syrian ________. What are the pros and cons of states have competition in economy? Constitution gives jurisdiction in cases arising under Constitution and Supreme Court has to be able to compare statute with Constitution, and Constitution trumps. 1) Commerce = "all commercial interaction", ___________________ gave more authority to the government in ______ affairs, In both Gibbons v. Ogden and McCulloch v. Maryland, the national governments power was _________, The conflict between federalists and anti-federalists. What are the 3 most important constitutional clauses on interstate relations? The _______ Amendment lost power when Southern states made anti-black laws, TRUE or FALSE: The Civil War ended the dispute over division of powers. The Supreme Court should only take cases when a duty is owed. a. What was the most important case involving the commerce clause? In cases of conflicts between state and federal law, federal law will preempt (or control) state law because of the supremacy clause. -Preclearance- States submit/receive approval for congressional redistricting plans from Federal Government.-Preemption - Federal Government assumes responsibility for State Government functions. The broad nature of the clauses language made for some interesting debate, as unanswered questions, such as what constitutes a conflict, were debated in the Constitutional convention. supremacy clause of the constitution means that, The Supremacy Clause Article VI of the Constitution provides that the Constitution, laws, and treaties of the U.S. are the supreme law of the land. The "supremacy clause" is the most important guarantor of national union. Who oversaw the greatest expansion of national power since the New Deal? 1865, Abolished slavery and counted African-Americans in full in the House. ", 1. McCulloch v. Maryland enabled the government to _____. The Supreme Court is the ultimate and supreme interpreter of the Constitution and has final say. Create DAPA, and more reform of immigration policies, 26 states asked to stop the implementation of _______. b. Why? Does P have a right to the commission? What was the central question in the 2012 challenge to the Affordable Care Act? Constitutionality of the Judiciary Act of 1789: Martin v. Hunter's Lessee Facts. Full faith and credit clause, privileges and immunities, extradition. What are 2 examples of national agendas pushed by the states? Powers denied to the states or national government, _____________________ is a prohibited power of the national government, and ______________ is prohibited to the states, The supremacy clause asserts that "states cannot use __________ or __________ powers to _________ the national government", TRUE or FALSE: Judges decide whether a conflict between the state laws and national government exists. Private Rights Theory says the courts only protect the rights of individuals. 27th Amendment says Congress cannot give itself a pay raise right away. What 2 major events led to debates over who should handle damages/aid after national disasters? The Virginia court refused to comply with the reversal, and D again appealed. Conservatives prefer power to go to the ________, liberals prefer _____ ________, Expansion of _______ _______ leads to ______ _______. If federal and state laws conflict, valid federal laws take precedence. Martin (D) was heir to the Virginia estates of Lord Fairfax, who died in England in 1781. Did power over interstate commerce include intrastate commerce? What is an example of a confederal system? What is an example of a concurrent power? 1. Do interstate compacts need congressional approval? As a result, courts would probably agree that federal law does not conflict with state law. This means that judges in every state must follow the Constitution, laws, and treaties of the federal government in matters which are directly or indirectly within the government's control. What was the decision of the district judge (upheld by the Court of Appeals) concerning states rejecting DAPA? What was the prevailing model after the Civil War? When branches of government on the same level check each other; separation of powers, When different levels of government check each other in power sharing relationships; federalism, States have constant __________ and __________ dealings among themselves. Increased reliance of state courts on state constitutions over national constitutions to protect individual rights, TRUE or FALSE: New Judicial Federalism is permitted by the Supreme Court. Disputes among states are dealt with by saying that the supreme clause is the ultimate law that everyone must follow. What is the meaning of the supremacy clause? What was the major goal of ESSA compared to NCLB? during disputes, national government does have more power over the states. The Federalist Papers were in support of judicial review and demonstrate the intent of the framers. Under pressure from the Latino community before the 2014 midterms, what did Obama do? In fact, it means that state law is not in force to the extent that it conflicts with federal law. Virginia claimed title to the estates in 1777 through state legislation confiscating the property of British loyalists; it had conveyed title to Hunter. Federal grants increased significantly in the ______ ______-, Federal grants for specific projects or programs, Before the 1960s, most grants were ________, but later they became _________ grants. Inherent powers ______ implied by the necessary and proper clause, The USA being sovereign power, whose government must be the only one to deal with foreign nations, Inherent powers are _______ ________ from delegated powers, All powers not delegated to the national government or prohibited to the states go to the states and the people, The powers given by the 10th Amendment are _________ powers, and _______ be denied by the national government, Intrastate commerce, militia, police powers, The authority to legislate for the health, welfare, and safety of the people, Police powers are mostly reserved to the ______, Powers held jointly by the national and state governments. Obligation of State Courts Under the Supremacy Clause The Constitution, laws, and treaties of the United States are as much a part of the law of every state as its own local laws and constitution. Start studying Constitutional Law Final Kilwein POLS 313 WVU. The Supremacy Clause establishes that the federal government has more power than state governments. What was the decision in Gibbons v. Ogden? Requirement in federal legislation that forces states to comply with certain rules, 1970s, TRUE or FALSE: The Unfunded Mandates Reform Act requires the Congressional Budget Office to identify mandates that cost states over $50 million, A federal handout that allows states to use innovative measures to carryout federal mandates. What was the most significant reversal of the expansion of government powers? Madison (D), as Secretary of State, was directed by the new President (Jefferson) to withhold P's commission. P brought a writ of mandamus directly to the Supreme Court under the Judiciary Act of 1789, which established United States courts and authorized the Supreme Court to issue writs of mandamus to public officers. When was the full faith and credit clause called into question? The Court upheld parts of the law dealing with police checking papers, but rejected other parts for undermining the national government, __________ halts deportation of minors who meet certain criteria. Preemption can … If so, could these banks be taxed? What was Hoover's model when it came to dealing with the poverty of the Great Depression? When Hayes withdrew the last troops from the South, 1877, The Civil War crisis _______ the power/influence of the Supreme Court, By trying to ________ regulation of slavery by national government in the _______ _______ case, the Supreme Court put itself on the "________ side" of the civil war. Click again to see term . What were the constitutional questions in Gibbons v. Ogden? Since Marshall's first interpretation, the _______ clause has been used by Congress a lot. what have the most significant disputes in US Court history been about? What was the decision in the Arizona case on immigration? It was seen as an assault on the Constitution, and was immediately struck down. Supreme Court has sent ______ messages in federalism cases, sometimes siding with states (_________ __ _______) and sometimes with national gov, The Court upheld "_________ _____ _____" laws, but rejected California laws on _______ _______-, In 2012, the Supreme Court ruled that Arizona's _____ laws undermined ______ policies. What are the 3 powers laid out in the constitution? In the Jacksonian Era, more _______ rights were present. Congress had overreached authority in the "Violence Against Women Act" because it had nothing to do with commerce. The Court upheld it under tax clause, not commerce, State governments cannot be sued for violation of federal-given rights unless they consent to it. What were the constitutional questions in McCulloch v. Maryland? He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Pr… 1) Congress gives control of programs to states but still funds them, All federal funds come with _________ that must be met by _____, Promise money for education if states met certain standards, Bush, Replace NCLB and give more power to states in terms of standards set for schools, Obama. No, if for minor matters. Since when have they been used? What does federal law require, concerning immigrants? _________ made part of the Welfare Reform Act, ___________ increased federal ______ and initiated the Affordable Care Act. This means that when there is a direct conflict between a federal law and a state law, the state law is rendered invalid. How long did it take for the 15th Amendment to be enforced? What type of government was formed by seceding states? Hunter's lessee (P) brought an action of ejectment. Thus, a federal court may require a state to stop certain behavior that it believes to be interfering with, or is in conflict with, federal law. KEY TAKEAWAY. How states should cooperate to catch criminals, TRUE or FALSE: Federal judges order extradition, To surrender accused/convicted criminals to the authorities of the state they fled, Agreements between 2 or more states, which serve to solve regional problems. When was the NRA ruled unconstitutional? The Supremacy Clause forces the federal government and state governments to share power equally. What do the powers of the national government include? Medicaid, highways, unemployment, housing, welfare for dependent kids/disabilities. The court must only protect the rights of individuals and if there is no injury to a person because of an unconstitutional law then the individual should not sue. The court concluded that several types of state tort actions were preempted by the provision but allowed other types to go forward. What does interstate extradition deal with? Their formal commissions were signed but not delivered. In the ________s, Congress prohibited anti-________ ________. 1. M… The Virginia court must obey the Supreme Court's ruling. What was the Civil War really dealing with, in terms of conflict? Controversy James Madison, writing in 1788, described the Supremacy Clause … In 2011, how much the government provide in grants? The Supreme Court cannot grant a writ of mandamus as a remedy for P. He believed § 13 conferred jurisdiction, but it is unconstitutional because it is inconsistent with Article III. The Supremacy Clause was intended to prevent, or to deal with, conflicts of law that would undoubtedly occur between the federal and state governments, especially where state and federal laws touch on the same subjects. Written Constitution limits powers and a third-party enforcer (the courts) is necessary to make the limits effective. Powers of national government, powers of states, prohibited powers. In other words, if there is a conflict between the state and federal law the federal is supreme. Legal definition of supremacy clause: a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary. The defeat of the South _______ ideas of successful _______ _______-, TRUE or FALSE: A billion dollar budget was passed in 1865 to cover costs of war and repercussions. Their obligation “is imperative upon the state judges, in their official and not merely in their private capacities. The Supremacy Clause reinforces that the _____ prevails in disputes. When the Supremacy Clause was adopted, judges had long been using an analogous test to … Gender-bias and disabled peoples discrimination, Until now, ___________ fell under _________ jurisdiction, TRUE or FALSE: No states have enacted their own immigration laws. 7 Articles & 27 Amendments, ratified in 1789, administers/executes the law per Article II, present to President; if signs or does nothing for 10 days, it becomes law; if he vetoes, 2/3 of Congress needed to override veto, administers/executes the law (executive branch), 1) Constitution is the supreme law of the land, tension between efficiency and avoiding tyranny. But unless state law contradicts federal law in this sense (so that judges must choose which one to follow), nothing in the Supremacy Clause prevents judges from following both. However, federal statutes and treaties are supreme … c. The Supreme Court has the final word in all court cases in the United States. What case put the Supreme Court on the losing side of the Civil War? 1. 1050, that State’s immigration law, saying that if the federal government chooses not to … Who first advocated for "new federalism"? 1. What was the centerpiece of the "New Deal"? The Virginia Court of Appeals sustained P's claim but was reversed by the United States Supreme Court. Was this a concurrent power? differing interpretations of implied powers and the commerce clause. Requirements by the national government that force states to comply with certain rules. The Supremacy Clause forces the federal government and state governments to fight for power. What is the difference between formula and program grants? 1868, dealt with citizenship, equal protection under law, and due process. Once it is signed and sealed commission vests and delivery is not necessary. Tap again to see term . President Obama used the Supremacy Clause against Arizona S.B. What was the decision after the challenge to the Affordable Care Act? If they do no one is hurt. Any federal law does trump any conflicting state law . Does the Supreme Court have appellate Jurisdiction over the highest state courts on issues involving the federal Constitution, laws, and treaties? What is a "federal mandate"? Under the supremacy clause, any state law that conflicts with the Constitution or with a federal law or treaty made in pursuance of the Constitution is void. 1. To reward state action, not punish state inaction, Grants that give funds for general functional areas, Block grants have _____ _____, and are some of the most _______, Congress prefers __________ grants, States prefer _______ grants. -Mandates (highest level of force, based on 'Supremacy Clause' in U.S. What are the 3 typical models of government? System in which states and national government each remain dominant in their own spheres, and are coequally sovereign. Their obligation “is imperative upon the state judges, in their official and not merely in their private capacities. Individual mandates fell under the tax and commerce clause. Which President was more successful in implementing block grants? What was the first time the Supreme Court "reined in" the commerce clause since FDR? Appellate jurisdiction is given by the Constitution to the Supreme Court in all cases where it does not have original jurisdiction. What is a standalone program that was an interstate compact? When? After 1937, what did the Supreme Court do? If a law or action of President or states is inconsistent with the Constitution then the Constitution trumps and law goes away. Use the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict. What does the full faith and credit clause do? The supremacy clause asserts that "states cannot use _____ or _____ powers to _____ the national government" concurrent, reserved, undermine TRUE or FALSE: Judges decide whether a conflict between the state laws and national government exists What 2 of Marshall's cases are considered important in defining boundaries between governments? Who was criticized after Katrina for not handling damages swiftly? According to the US State Department, what does refugee status give someone? 1870, allowed African-Americans and former slaves to vote. He clung to dual federalism, and said the states should take initiative themselves, Roosevelt ______ with Hoover, and his ______ administration energetically intervened in _________, Large-scale emergency anti-poverty programs. Example of Special Function and Private Rights Theories. What were some government measures taken after the Civil War? The executive Power shall be vested in a President of the United States of America. This article is known as the supremacy clause. 1. What does the privileges and immunities clause do? The Supremacy Clause of the Constitution of the United States, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. Obligation of State Courts Under the Supremacy Clause. When was the 13th Amendment passed, and what did it do? The Supremacy Clause establishes that the state governments have more power than the federal government. This requirement is mandatory for all from regional courts to the Supreme Court. Before the Constitution, how did the government give grants? McCulloch v. Maryland and Gibbons v. Ogden. Centralized government system in which subdivisional governments only exercise powers given to them by the central government, In a Unitary System, the central government ______ withdraw powers at any time. It also binds state judges to federal law. A revival of states' rights after the national government expansion of the Civil War; a return to normalcy. 2) Federal law is supreme; trumps state laws that conflict. When new states were admitted to the Union pre-Civil War, what was the first question? What perspective does new judicial federalism reflect? What happened to FDRs legislation adding justices? Categorical and block grants, going states more $ flexibility, _________ supported New Federalism, but was less _______ when giving money to states. Marshall: "the government of the United States has been emphatically termed a government of laws, and not of men. Judicial review is not in the constitution and if the framers intended the Supreme Court to have it then they would have written it. constitutional language has some ______________. 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