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39 Cards in this Set
- Front
- Back
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Amendment Process |
Origination 1. 2/3 vote of both legislative houses 2. 2/3 of state legislatures call constitutional convention (never used) Ratification 1. 3/4 of state legislatures approve 2. 3/4 of popular votes in states approve (Only been used for the 21st amendment, the repeal of prohibition) |
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Constitution |
Preamble: We the people... Article I: Legislative branch Article II: Executive Branch Article III: Judicial Branch Article IV: States (full faith and credit, admition, guarantee of union) Article V: Amending the constitution Article VI: Supreme Law of the Land Article VII: Ratification Amendments |
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Checks and Balances |
"Checks that Balance". Privileges of the different branches of government to investigate and cancel out each other, created to ensure no one branch becomes too powerful. |
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Divided Government |
Governance divided between parties, especially when one party holds the legislation and the other holds one or both houses of congress. |
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Equal Rights Amendment |
Failed amendment that would have provided equality of rights regardless of sex. However, arguments were made about how if a women was conscripted they would be unable to take care of their children, etc. Thus, it was not ratified. |
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Initiative Referendum Recall |
A procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and then have it submitted to the voters A procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution A procedure for submitting to popular vote the removal of officials from office before the end of their term |
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John Marshall |
The most influential supreme court justice on how our government is run today. Served from 1801-1835. Member of the ratification convention in Virginia, member of congress, secretary of state, than eventually supreme court justice. Key figure in Marbury v. Madison. |
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Judicial Review |
The power of the judiciary to review legislation and executive orders/actions and declare them unconstitutional. |
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Limited Government |
A political system in which governmental power is restricted with delegated/enumerated powers and denied powers so as to ensure liberty. |
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Marbury v. Madison |
1. John Adams, on the last night of his presidency, created many new judgeships and appointed federalists to these so as to make sure federalists still had some power. 2. It was the responsibility of his secretary of state, John Marshall, to deliver these Judgeships. However, he was not finished when Thomas Jefferson took office and he was appointed Chief Justice of the Supreme court. 3. Jefferson instructed his secretary of state, James Madison, not to deliver these judgeships that had not yet been delivered, for he was an anti-federalist. 4.William Marbury, one of the judges who had not recieved his commision, sued Madison in the supreme court. 5. He believed the court could mandate Madison to deliver his judgeship, with a Writ of Mandamus, as established in the Judicial act of 1789 6. Chief Justice John Marshall believed that what Madison had done was wrong, and that Marbury should receive his commission. 7. However, enforcement was a power of the executive branch, so if this writ was issued, Jefferson could safely ignore it and establish the judiciary as the weak branch. 8. So, the supreme court ruled the Judiciary act of 1789, the legislation upon which Marbury had based his argument, unconstitutional. It added to the original jurisdiction of the judiciary, as established in Article III of the constitution, without ammending the constitution. 9. Although he sacrificed the power of the writ of mandamus in this verdict, Marshall cemented the supreme courts power of judicial review, making it a powerful voice in lawmaking. |
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Partisianship |
Government set up so that one party never holds all the power and will always be investigation by opposing parties. Ways to establish partisanship included division of government and having elections at different times. |
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Separation of powers |
The division of governmental powers into separate branches so that no one individual or group is too powerful. |
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Block Grants |
A flexible grant that is money for a general field, such as money for child care or education. The state must use it for that field, but decides how in that field it should be used. |
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Categorical Grants |
A highly specific grant where there are processes and formulas laid out for how the money should be spent, and all spending is carefully federally supervised. |
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Commerce clause |
A section of Article I that enumerated the constitutional power for congress to regulate interstate commerce. To what extent this was true was argued about in Gibbons v Ogden, and it was decided that federal was supreme. |
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Inter v Intra |
Inter-Between Intra-Inside of |
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Concurrent Powers |
Powers that are shared by the federal government and the states. Ex. Power to levy taxes |
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Denied Powers |
Powers specifically denied from the federal government by the constitution. In other words, the "no" rules. Ex. Passing a bill of attainder |
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Devolution Revolution |
The gradual increase of federal power. |
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Enumerated Powers |
Powers specifically given to the federal government by the constitution, their constitutional privileges. Ex. The power of congress to declare war |
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Federalism |
Shared power between a central government and states. Basically, a middle ground between a unitary and confederate government. |
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Dual Federalism |
A separated federalist government, where powers are delegated to the federal government and those not delegated are reserved for the states. In this case, jurisdiction is a clean separation. |
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Cooperative Federalism |
Interprets federalism as a relationship between all levels of government, and not separate departments that act separately. |
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Marble Cake Federalism |
A mixed federalist government in which some powers are delegated to the federal government and some to the states. Jurisdiction is much more mixed and spiraled like a marble cake in this case. |
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Competitive Federalism |
The opposite of cooperative federalism, which interprets federalism as a contest between levels of government to have the best policies. Under this government, states might compete for populous with better laws. |
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Permissive Federalism |
Interprets federalism as power permitted for states to have by the federal government. |
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New Federalism |
Presumes that limited federal power is less than the broad power of the states, who's powers are viewed as unlimited as they are all powers the federal government does not have. |
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Federal Mandates |
A federal order, often issued to states, to do something. Can be funded (includes a grant to accomplish the mandate) or unfunded. |
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Full Faith and Credit Clause |
A constitutional clause under Article IV that states' that judgments, arrests, licenses, etc issued in other states are protected by law in all other states. Prevents criminals from one state gaining protection by fleeing to another state, or a driver being arrested because they drove over the border of the state from which their license was obtained. |
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Gibbons v. Ogden |
1. Two competitors had steam boat operation licenses on the same stretch of river. Ogden had a license from the company that had a state-granted monopoly on the river, and Gibbons had a federally-issued license 2. Ogden believed that his license was the valid one and took Gibbons to court. Gibbons believed that federal government had higher power of the interstate commerce of steamboats (and interstate commerce in general) because if all the state had individual laws on the subject, such commerce would be too difficult and complicated. 3. Eventually, at the supreme court, John Marshall decided that national laws always precede state laws, and that Gibbons was in the right. 4. Now states could no longer grant monopolies, and federal power was expanded. |
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Implied Powers |
These powers are not specifically delegated to the federal government by the constitution, but, in order to carry out their responsibilities and use enumerated powers, they are assumed. |
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Inherent Powers |
Delegated and implied powers over foreign nations. For example, the US has the inherent power under the constitution to claim territory by occupation, without necessarily having the approval of other nations. |
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McCulloch v. Maryland |
1. Congress created national bank 2. Maryland, thinking this was not in the power of the federal government to do, unfairly taxed their branch of this bank 3. William McCulloch, employee at the bank, refused to pay because he believed this was a power of congress under the necessary and proper clause 4. Eventually, the supreme court under John Marshall decided in favor of McCulloch that the necessary and proper clause was very elastic, and almost all-encompassing. 5. Expanded implied power of the federal government |
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National Supremacy Clause |
Establishes that federal power and laws precede state powers and laws. Instrumental in Gibbons v. Ogden. |
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Necessary and Proper Clause |
A constitutional clause under Article I that says that congress may do what ever they deem necessary and proper to carry out their responsibilities, as long as it does not violate the constitution. Instrumental in McCulloch v. Maryland. Ex. Create a bank |
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Project Grants |
Grants that are applied for by states or groups for a grant for some purpose, for example a group of scientist apply for a project grant in order to research a cure for cancer. |
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Reserved Powers |
Powers reserved for the states by the constitution. Also includes powers not delegated or implied for the federal government. |
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Unitary |
A government in which the central government holds all power, possibly delegating power to states or provinces, but having the ability to take it away. |
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Confederacy |
A government in which states hold all the power, only creating a central government as a link between states. |
