Sources of American Law Flashcards

Sources of American Law Flashcards
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Commercial Trade
Part of commerce, along with the movement of money and goods
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Interstate Commerce
A type of commerce that occurs when business moves across state lines
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Enumerated Power
This type of power, also referred to as 'foregoing power,' was set out specifically within the Constitution.
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Commerce Clause
A constitutional clause that allows Congress to provide regulations on commerce between states and with nations around the world
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Necessary and Proper Clause
A section of the U.S. Constitution, also referred to as the 'elastic clause,' that gives Congress the power to create any law that is finds appropriate and essential
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Substantive Law
This type of law is used to determine what obligations or rights individuals have to one another.
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Full Faith and Credit Clause
Part of the U.S. Constitution, this clause ensures court judgements are honored across state lines, decides the laws used if a case involves multiple states and moves claims to different states.
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Application of Federalism
This method of government allows both the state and federal governments to maintain power of U.S. citizens.
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Unitary Government
A form of government that occurs when a single unit has all the power
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Confederation
A method of government that includes independent government units working separately from each other
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Federalism
In this type of government, the national government and other units of government share power over the same location. People subject to local, state and federal laws experience this.
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Eminent Domain
This exception to the Contracts Clause allows a state to take private property. States must offer compensation for taking land but don't need to get permission, according to the 5th Amendment.
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Obligation of Contracts Clause (Contracts Clause)
This clause was added to the U.S. Constitution to ensure that states couldn't interfere in private contracts.
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Administrative Agencies
These organizations apply rules to guide public programs and administer different laws. The Consumer Product Safety Commission is an example of this type of agency.
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Flashcard Content Overview

Focus on the powers of the judicial, executive and legislative branches of the U.S. government with these flashcards. You can use these cards to review the Bill of Rights and its amendments. Additionally, you'll find cards that cover various clauses in the Constitution and how these have been interpreted through the law.

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Administrative Agencies
These organizations apply rules to guide public programs and administer different laws. The Consumer Product Safety Commission is an example of this type of agency.
Obligation of Contracts Clause (Contracts Clause)
This clause was added to the U.S. Constitution to ensure that states couldn't interfere in private contracts.
Eminent Domain
This exception to the Contracts Clause allows a state to take private property. States must offer compensation for taking land but don't need to get permission, according to the 5th Amendment.
Federalism
In this type of government, the national government and other units of government share power over the same location. People subject to local, state and federal laws experience this.
Confederation
A method of government that includes independent government units working separately from each other
Unitary Government
A form of government that occurs when a single unit has all the power
Application of Federalism
This method of government allows both the state and federal governments to maintain power of U.S. citizens.
Full Faith and Credit Clause
Part of the U.S. Constitution, this clause ensures court judgements are honored across state lines, decides the laws used if a case involves multiple states and moves claims to different states.
Substantive Law
This type of law is used to determine what obligations or rights individuals have to one another.
Necessary and Proper Clause
A section of the U.S. Constitution, also referred to as the 'elastic clause,' that gives Congress the power to create any law that is finds appropriate and essential
Commerce Clause
A constitutional clause that allows Congress to provide regulations on commerce between states and with nations around the world
Enumerated Power
This type of power, also referred to as 'foregoing power,' was set out specifically within the Constitution.
Interstate Commerce
A type of commerce that occurs when business moves across state lines
Commercial Trade
Part of commerce, along with the movement of money and goods
Privileges and Immunities Clauses
The U.S. Constitution contains two of these clauses, which were created to ensure the protection of the fundamental rights of U.S. citizens in all states.
Duties of the Executive Branch of Government
This governmental branch is led by the president. It carries out laws, develops a budget, works on foreign policy, leads the Armed Forces, grants pardons and hold veto power.
Duties of the Judicial Branch of Government
The governmental branch responsible for judicial review, interpretation of federal law and the Constitution, deciding important court cases and reviewing what the president does.
Powers of the Legislative Branch of Government
Led by Congress, this branch of government can make laws, approve treaties, impeach federal officers, approve presidential nominations, regulate money and declare war.
Bill of Rights
The list of the first ten amendments to the U.S. Constitution, this document was designed with the main goal of protecting the rights of American citizens.
Bill of Rights, Amendment II
An amendment to the Bill of Rights that gives U.S. citizens the right to own firearms
Bill of Rights, Amendment I
This amendment to the Bill of Rights protects freedom of the press, speech, peaceable assembly and religion.
Bill of Rights, Amendment III
The right to refuse to house soldiers in your home is guaranteed by this amendment to the Bill of Rights.
Bill of Rights Amendment X
An amendment to the Bill of Rights that says that the states maintain any power not explicitly given to the U.S. federal government.
Bill of Rights Amendment V
This amendment was added to the Bill of Rights to guarantee the due process of law. It prevents self-incrimination and double jeopardy.
Marbury v. Madison
A famous 1803 court case that ultimately established the power of judicial review; it maintained that acts of Congress in violation of the Constitution are not valid
U.S. Supreme Court
Created by Article III to act as the judicial branch in the U.S. This is the highest court in the nation and holds the power of judicial review to void laws if they don't follow the Constitution.
Constitutional Law
Branch of law focused on the relationship between individual rights and the federal government as well as between the federal government and states, the branches of government and other nations
Supremacy Clause
This clause in the U.S. Constitution ensures that states cannot pass any laws that would come into conflict with federal laws.
Due Process Clause of the 14th Amendment
This clause has been used by the Supreme Court in order to protect the rights of citizens from infringements by the states.

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