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21 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Federalism |
The idea that powers should be divided between national government and state governments |
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Division of powers in original Constitution |
Federal Government: To - levy taxes, spend $$ raised on common defense/general welfare of country, regulate inter-state commerce, make laws "necessary and proper", national supremacy clause, rule on Constitutionality of laws (judicial review) Denied - cannot ban slave trade prior to 1808 State governments: To - determine voting rights, state legislature elects senators, decide how presidential electors shall be selected Denied - can't conduct foreign policy, can't coin currency, deny full faith and credit to public acts and records from other states, form non-republican style of government, act contrary to supreme laws of land |
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Impact on powers from Bill of Rights |
Amendments 1-9 limit federal government (Congress can't make laws) Amendment 10: any power not granted to federal government or denied to states by Constitution rests with State powers |
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McCulloch vs. Maryland |
- does Congress have the authority to create a bank? - necessary + proper = helpful - can Maryland tax an entity of the federal government? - national Supremacy clause |
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Impact of Civil War Amendments on federal and state governments |
State 13 - abolished slavery 14 - states couldn't deny life, liberty, pursuit of happiness without due process 15 - can't be denied right to vote based on race/skin color Federal 13 - make laws ensuring slavery can't be practiced |
Amendments 13-15 |
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Doctrine of Incorporation |
The process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause States lose powers, federal government gains powers |
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Differences between political party and political interest group |
Party - organized group of people with similar political ideas that seek to determine public policy by running candidates Interest group - doesn't run candidates |
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Reason for 2 party domination |
Our election system contributes to 2 party dominance through: -single seat/winner takes all - plurality election -proportional representation: vote for party nationally |
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Party primary process for selecting each party's candidate for office |
General party primary process: people seeking to be candidate get on primary election ballot
Open - both members and non-members may vote Closed - only party members vote |
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Party primary process for selecting each party's candidate for President |
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Re-apportionment |
Every decade after national census is conducted we just determine how many House members per state Requires use of districts |
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Re-districting |
After each census (10 yrs) lines must be redrawn because each district must have the same population Must be contiguous, can't favor or harm based on race/ethnicity |
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Incumbency rate |
Rate at which incumbents are reelected • House 95%, 2016 - 98% (380/388 reelected) • Senate 85-90%, 2016 - 93% (27/29 reelected) |
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Incumbency advantage |
1) name recognition 2) constituency service 3) access to campaigns - H/S raised 3x as much as challenger to member of Congress |
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Ways the other two branches check the powers of the Judicial branch |
1) determine guilt - E: pardon 2) judicial review - E: enforce decision - L: amendment process |
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Judicial philosophy - Originalist |
What the clause originally meant when added to Constitution |
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Judicial philosophy - Contemporary Context |
What does the clause mean today? |
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Structure and Jurisdiction of Judicial Branch |
1) US District Court > Circuit Court > Supreme Court 2) State Court --jurisdiction--> Supreme Court RULE OF 4 - 4 Supreme Court judges must deem case worthy of hearing • submit written briefs (arguments), then oral arguments, then Court will meet and vote • Chief Justice votes last |
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Marbury vs. Madison Arguments for Judicial Review |
1) Constitution is the Supreme Law and sets limits of government powers 2) Given 1, any law created by Congress that exceeds constitutional limits should not stand 3) Given 2, before court decides guilt it should first look if the law should stand 4) Given 4, implies Court must have power to determine if a law is constitutional |
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Ways to check powers of Executive Branch |
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Process for filling VP vacancy in office |
If the office of VP becomes vacant, the President may appoint a new VP subject to approval by H/S |
25th amendment |
