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41 Cards in this Set

  • Front
  • Back
Popular Sovereigty
Ultimate power for the government to act, believe that gov gets its authority from the people
Limited Government
Powers and functions are restricted, by checks of balances written into constitution, and bill of rights
Separation of Powers
the duties of the gov is split up between the 3 branches (legislative, judicial, executive)
Checks and Balances
a system that gives each branch of government the power to change or cancel acts of another branch
Judicial Review
the power to determine whether the actions of the legislative and executive branches are constitutional
Federalism
the powers of government are distributed between the national and states government
Amendment I
Congress must make laws that respect freedom of religion, speech, and press
Amendment II
Must have a regulated militia, right to bear arms
Amendment III
Soldiers can not be quartered in any house without the consent of the owner
Amendment IV
No one can search your property unless they have a warrant and it is reasonable
Amendment V
You do not have to say anything that incriminates himselfEminent Domain- gov can take privately owned property for use of public good / Double Jeopardy
Amendment VI
Tried in place where crime is committed, may have lawyer to defend you, people deserve quick speedy trial
Amendment VII
Guarantees the right to a trial by jury in civil trial.
Amendment VIII
No excessive punishments
Amendment IX
Just because something is not written in the constitution does not mean it isn't a right of the people
Amendment X
Gives states their rights, balance in federal and state government

Goals of the constitution

(please eat dons cotton garden balloons)

perfect union

establish justice


domestic tranquility


common defense


general welfare


blessings of liberty

Supremacy Clause

Art 6, constitution and federal laws are the supreme law of the land

Functions of Bills of Rights

Gives us individual rightsLimits Power of Government

Article 1 Section 8

necessary and proper clause - gives us implied powers (allow congress to exercise expressed powers (National Bank, IRS)

Commerce Clause

Congress has the power to regulate commerce (FDA, FCC, SEC, FED)

Expressed power

Listed in Constitution

Implied power

Logical extensions to expressed powers

Inherent power

Historically recognized as belonging to govt

Concurrent powers

Powers held by national and state govt; can tax, build roads, establish courts, borrow $, establish a govt, etc

Reserve Powers

10th amendment; Powers not given to the federal government, but reserved for states (ex: public education, drivers license, etc.)

Dual Federalism

Functions of state and national govt separate


(layer cake federalism) (state and federal separate)

Cooperative Federalism

programs that require cooperation across all levels of government (marble cake) ($ from federal government)


Began with the new deal by FDR


-regulated federalism (Increases power of federal govt) (Categorical grants) (Federal mandates)



Categorical grants

federal govt gives for $ for specific reasons

Federal Mandates

Demands on states to carry out certain policies

New Federalism

Increasing power of states (block grants are given for general purposes) (Devolution)

Devolution

Process of returning power back to the states

Rights we have:

Personal


Economic


Political

Strict constitution

Follow letter of law of constitution no implied power; less gov power

Loose Constitution

Use implied powers and interpret the constitution; more gov power

Goals of constitution

In preamble

Art 1

Legislative Branch

Art 2


Executive Branch

Art 3

Judicial Branch

2 steps process to add a bill

Propose and Ratify

PPL who have rights

Classes, institutions, and Individual