Continental Congress form the federal government in 1777 adopted the - Answers Articles of
Confederation- fundamental law of the United States of America
_____ was convened in Philadelphia in 1787 - Answers Constitutional Convention. After substantial
debate, delegates agreed to a new U.S. Constitution
Functions of the U.S. Constitution, as amended: - Answers 1. Creates the branches of the federal
government and allocates powers to them: Legislative, Executive, and Judicial.
2. Protects individual rights by limiting the government's ability to restrict those rights.
Federalism - Answers U.S. form of government in which federal and 50 state governments share
powers
Enumerated powers - Answers Certain powers delegated to the federal government by the states
Reserved powers - Answers Powers that are not granted to the federal government by the
Constitution are reserved for the state governments
- Answers Part of the U.S. government that makes federal laws.
-Otherwise known as Congress (the Senate and the House of Representatives).
-Established by Article I of the U.S. Constitution.
Executive branch - Answers Part of the U.S. government that enforces federal law.
-Consists of the president and vice president.
-Established by Article II of the U.S. Constitution.
Judicial branch - Answers Part of the U.S. government that interprets law.
-Consists of the Supreme Court and other federal courts.
-Established by Article III of the U.S. Constitution.
Checks and Balance - Answers System built into the U.S. Constitution to prevent any one of the three
branches of government from becoming too powerful.
Supremacy Clause - Answers Establishes the U.S. Constitution and federal treaties, laws, and
regulations as the supreme law of the land
Preemption doctrine - Answers Provides that federal law takes precedence over state or local law
Commerce Clause - Answers Grants Congress the power to regulate commerce with foreign nations,
and among the several states, and with Indian tribes.
Types of commerce regulated by federal government:
-Commerce with Native American tribes
-Foreign
-Interstate
Commerce with Native Americans - Answers empowers federal government to enter into treaties
with Native American nations. Native Americans received money and goods for land.
Indian Gaming Regulatory Act - Answers Sets the terms of casino gambling and other gaming
activities on tribal land.
Foreign Commerce - Answers -Grants the federal government the authority to regulate foreign
commerce.
-Gets violated and is unconstitutional when foreign commerce is unduly burdened through: Direct and
indirect regulation of foreign commerce by state or local governments.
Interstate commerce - Answers Commerce that moves between states or affects commerce between
states.
-Allows the federal government to regulate activities that affect interstate commerce
Under the effects on interstate commerce test: - Answers -Regulated activity does not itself have to
be in interstate commerce.
-Theoretically, this test subjects a substantial amount of business activity in the United States to
federal regulation.
Police Power - Answers Permits states and local governments to enact laws to protect or promote
the public health, safety, morals, and general welfare.
-Power to regulate intrastate commerce.
-Includes the authority to enact laws that regulate the conduct of business.
Dormant Commerce Clause - Answers -An area of interstate commerce that the federal government
has chosen not to regulate even though it has the power under its Commerce Clause powers.
-A state can enact laws to regulate that area of commerce. But the Dormant Commerce Clause
prohibits the state's regulation from unduly burdening interstate commerce.