(UG)U2: 12 How did the Delegates Distribute Powers Between National and State Government
What is the supremacy clause? Why is it important?
- Article VI, Section 2. Constitution, national laws, and treaties that approved by the Congress have enumerated power over state laws - Because it could prevent the sate governments threaten individual rights
Secede
Formal withdrawal by a constituent member from an alliance, federation, or association
How does the Constitution balance state powers granted to the national government? How does it limit each set of powers?
- since the national government has the power of supremacy clause, therefore, there are several provisions protect individual right against violation by the national government, 1. the national government may not suspend the writ of habeas corpus 2. the national government may not pass ex post facto and bill of attainder 3. the national government may not suspend the right to trial by jury in criminal cases 4. The Constitution also offers protection from the accusation of treason by
Ex post facto
A law that criminalizes an act that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. - forbidden by Article I of the Constitution
Tariff
A tax on imported or exported goods. Also known as a duty
Supremacy clause
Article VI, Section 2. Constitution, national laws, and treaties that approved by the Congress have enumerated power over state laws
How did the delegates at the Philadelphia Convention deal with the issue of slavery? Why did they choose to take the approach they did?
B/c many delegates opposed slavery, therefor, the words slave and slavery never appear in the Constitution. But, because many other people argued that slavery was fundamentally a state institution, there are several provisions clearly protect slavery.
Examine Article I, Section 8, of the Constitution. List any powers of Congress that are not included that you believe should be and be prepared to explain your choices?
I think the Congress has too much power, I think Congress should give some power to the supreme court. But I don't which term should take out....
Bill of attainder
a punishment ordered by a legislature rather than by a court - a law that declares a person guilty of a crime and decrees a punishment without a judicial trial.