Con law
| Front | 10th Amendment |
| Back | Under the 10th Amendment, all powers not granted to the federal government nor prohibited to the states are reserved to the states. - Limits Congress's ability to regulate and/or tax states along - anti-commandeering principle - Congress cannot commandeer states by requiring them to enact laws or administer federal law. Exception- Civil rights; Congress may restrict state activities that violate civil liberties Dual application- Regulations applying to both public and private sector are usually valid (fed minimum wage laws are applicable to state/local government as well as private sector) |
| Front | Necessary and Proper Clause |
| Back | Enables Congress to take any action not constitutionally prohibited to carry out its express powers. - This authority constitutes Congress's Implied powers - Not an independent source of power: N&P clause must be used in conjunction with another federal power. The N&P Clause is usually an incorrect answer choice - the clause is not a source of congressional power. |
| Front | Express Preemption |
| Back | Federal law takes precedence over any other law. If a federal law provides that it is the exclusive authority in a given area, it preempts state and local laws in that area. - However, preemption provisions are narrowly construed. |