AP®︎ U.S. Government & Politics: Topic 1.8 Flashcards

Master key terms and definitions for Topic 1.8 of AP U.S. Government & Politics – Constitutional Interpretations of Federalism to help you prep for quizzes and the AP exam.


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Term

Commerce Clause

Definition

Congress’s power to regulate interstate commerce, including its channels, instrumentalities, and intrastate economic activity that substantially affects interstate commerce

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Commerce Clause
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Congress’s power to regulate interstate commerce, including its channels, instrumentalities, and intrastate economic activity that substantially affects interstate commerce

LO 1.8.AEK 1.8.A.2
Necessary and Proper Clause / Elastic Clause
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Allows Congress to use appropriate, constitutionally permitted means to carry out its enumerated powers

LO 1.8.AEK 1.8.A.3
Implied Powers
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Congressional powers not expressly listed in the Constitution but reasonably connected to carrying out enumerated powers

LO 1.8.AEK 1.8.A.3
Supremacy Clause
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Makes the Constitution, constitutional federal laws, and treaties superior to conflicting state law

LO 1.8.AEK 1.8.A.4
Preemption
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The displacement of state law by valid federal law when Congress expressly requires it, federal regulation occupies the field, or state law conflicts with or obstructs federal law

LO 1.8.AEK 1.8.A.4
Fourteenth Amendment Due Process Clause
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Prohibits states from depriving any person of life, liberty, or property without due process of law and protects certain fundamental liberties

LO 1.8.AEK 1.8.A.1
Equal Protection Clause
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Requires states to provide equal protection of the laws and permits national intervention against discriminatory state policies

LO 1.8.AEK 1.8.A.1
Section 5 of the Fourteenth Amendment
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Authorizes Congress to enforce the Fourteenth Amendment against unconstitutional state action through appropriate legislation

LO 1.8.AEK 1.8.A.1
McCulloch v. Maryland (1819)
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Held that Congress could create a national bank through implied powers and that Maryland could not tax or obstruct that valid national institution

LO 1.8.AEK 1.8.A.3
United States v. Lopez (1995)
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Held that Congress exceeded the Commerce Clause by banning local, non-economic gun possession near schools without a sufficient connection to interstate commerce

LO 1.8.AEK 1.8.A.2
United States v. Morrison (2000)
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Invalidated a federal civil remedy for private gender-motivated violence because non-economic private conduct exceeded both the Commerce Clause and Fourteenth Amendment enforcement power

LO 1.8.AEK 1.8.A.2