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UNICAMERAL
power stems from one major entity eg. state to local
local govt serves national govt
BICAMERAL
same amount of power in two entities eg. federal and state
PRESIDENTIAL
checking power with power
PARLIAMENTARY
No automatic separation of powers between executive and legislative (and sometimes judicial)
UNITARY
all local governments are submissive to the national government b) Local governments can be altered or abolished by the national government c) Local governments have no final authority over any significant government activities d) Examples of unitary governments: France
FEDERAL
A system of government in which power is divided between a central authority and a number of individual states. delegated or enumerated powers. the powers explicitly granted to the national government by the constitution. National Supremacy Clause.
CONFEDERAL
local governments supreme and support national government
⅗ COMPROMISE
House of Representatives Apportionment: 3/5 Compromise
North wanted no representation for slaves
South wanted full representation
Slaves still wouldn't be able to vote
Congress could not prohibit slave trade before 1808
Fugitive Slave Clause
NEW JERSEY PLAN
Legislature selected by State legislatures
Representation by state
Senate
VIRGINIA PLAN
Legislature directly elected by people
Representation based on population
HoR
CONNECTICUT COMPROMISE
: HoR for big states and Senate for small states→ Bicameral Legislature
House of Representatives directly elected based on population
Senate two per state indirectly elected by state legislatures
Executive indirectly elected by electoral college selected by state legislatures
SEPARATION OF POWERS
between branches of the national government (legislative
enables each branch to check the others
joined with a system of checks and balances
Montesquieu
no 1 entity with supreme authority
CHECKS AND BALANCES
allow national institutions to check each others' powers (see How Things Work box)
AMENDMENT
change of text (addition
10th AMENDMENT
Anything not Enumerated or Implied belongs to the States
HABEAS CORPUS
the right to a fair trial
cannot arrest and imprison people without) but sometimes Congress can suspend it
EX POST FACTO LAW
cannot declare act illegal after commit or increase punishment after crime committed.
BILL of ATTAINDER
cannot declare guilt of person or group and punish
ENUMERATED POWERS
given to the national government exclusively
include power to print money
declare war
ELASTIC CLAUSE
necessary and proper clause
(grants to Congress implied powers to implement the Constitution's express powers if it is not explicitly forbidden by the Constitution)
IMPLIED POWERS
opposite of enumerated
COMMERCE CLAUSE
: gives congress the power to regulate foreign
INHERENT POWERS
any power which is acquired by the national government naturally because the government is a sovereign state.
RESERVED POWERS
given exclusively to the states
include power to issue licenses and to regulate commerce wholly within a state
CONCURRENT POWERS
shared by both national and state governments
include collecting taxes
building roads
JUDICIAL REVIEW
refers to the power of a court to review a statute
ANTI-FEDERALISTS
believed it allowed for 'implied' powers
Liberty could be secure only in small communities
States should have most of the power
A national governments should have explicit restrictions
Explicit Rights
Strong State Govts
Strict Interpretation
10th Amendment
11th Amendment
Nullification: states can declare a Federal law void if they believe it is unconstitutional
FEDERALISTS
supported judicial review
Implicit Rights
Strong Fed Govt
Loose InterpretationElastic Clause
Commerce Clause
Supremacy Clause
DUAL FEDERALISM
programs and authority are clearly divided among the national
both national and state governments are supreme in their own spheres
which should be kept separate
Example: interstate vs. intrastate commerce
MARBLE-CAKE FEDERALISM
cooperative
programs and authority are mixed among the national
state
BILL OF RIGHTS
The first ten amendments
PORK BARREL SPENDING
Earmarks (Pork) - spending amendments for specific purposes for a congressman's district
Log Rolling - trading votes to get earmarks amendments passed in budget bill
NULLIFICATION
states can declare a Federal law void if they believe it is unconstitutional
CATEGORICAL GRANTS
are for specific purposes defined by federal law
they often require local matching funds
BLOCK GRANTS
sometimes called special revenue sharing or broad-based aid) were devoted to general purposes with few restrictions—states preferred block to categorical grants
Operational (police) Capital (roads
infrastructure) Entitlement (welfare
DEVOLUTION
Attempt to give power and responsibility for decision-making back to the states
MANDATES
tells state governments what they must do
federal rules that states or localities must obey
generally have little or nothing to do with federal aid ( a) Civil rights b) Environmental protection)
may also make it difficult for state/local governments to raise revenues
borrow funds
some may expose them to financial liability
REVENUE SHARING
Distributed by formula derived from census statistics
MUNICIPAL CHARTER
(General Charter- what city CAN do (Enumerated for Local
ARTICLES (Be Productive So Fat Amy Stays Rad)
Article I→ Legislative Branch - Organizations
Article II → Executive Branch - Powers
duties
Article III → Judicial Branch - Powers
restraints
Article IV→ Relation of the states to each other and to the federal government
guarantees to the states
Article V→ Method of Amending the Constitution. Guarantee of equal representation of the states in the U.S. Senate
Article VI→ Provision for national debts. Supremacy of the United States Constitution
federal laws and treaties. Pledge of national and state officials to uphold the constitution. No religious test required as qualification for public office
Article VII→ Method for ratification of the Constitution
(Be Productive So Fat Amy Stays Rad)
Bicameral congress Presidency Supreme Court Federalism Amendments Supremacy Clause Ratification
FEDERALIST 10
written by James Madison
FEDERALIST 51
addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government.
BRUTUS 1
was the pen name of an Antifederalist in a series of essays designed to encourage New Yorkers to reject the proposed Constitution. Brutus 1 basics (8) -new constitution gives the federal government WAY too much power. -country is too large to be managed.
MARBURY v MADISON
Federal Judiciary may declare Federal laws unconstitutional
McCULLOCH v MARYLAND
The US Constitution is Supreme Law
The Federal government is supreme within its sphere
The US Supreme Court can rule on the Constitutionality of state laws
The 'Elastic' clause of the Constitution grants to Congress implied powers to implement the Constitution's express powers if it is not explicitly forbidden by the Constitution
How does Federalism encourage experimentation?
states can experiment with different programs
Describe the facts and precedent of the case of McCulloch v. Maryland (1819)
**implied powers
What powers were found in McCulloch v Maryland which could be inferred from the specific powers listed in Article I?
In this case
What is the Supremacy Clause? How does it affect state and national laws?
Article VI