gov random bs

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articles of confederation

unicameral legislature, one vote for state (allows one state to hold everyone up)
no independent executive, no judiciary

states were very sovereign, fed gov too weak (no taxing, no regulating commerce, no enforcing laws)

states funded the gov

states can make their own currencies

amendments needed 13/13 to change

ended by shays rebellion, exposed the weakness

deeclaration of indepdene

all men are created equal
unalienable rights of life, liberty, property

those who are oppressed have the right/duty to revolt

lists out britains wrongs like taxation w/o representation or trial w/o jury

july 4, 1776

arty 1 sec 1

all legis powers to congress, consists of the senate and house

arty 1 sec 2

house of reps elected every 2 years, lists out reqs for house, representation based on population, house chooses the speaker, house calls for impeachment

arty 1 sec 3

two senators per state, 6 yr term, staggered terms, senator reqs, VP is president of senate, senate tries impeachments

arty 1 sec 4

allows state legis to set the time, place, manner of fed elections, also congress must meet once per yr

arty 1 sec 5

guidelines for house and senate proceedings

arty 1 sec 6

payment and restrictions on members of congress

arty 1 sec 7

revenue bills start in house of reps, senate confirms

bills that pass house and senate must be signed by pres - if not then it gets sent back and then 2/3 of house and 2/3 of senate to become law

if pres doesnt sign after 10 days, automatically law

arty 1 sec 8

powers of congress: tax, pay debts, provide for common defense/general welfare

commerce clause: regulate interstate commerce, foreign nations

necessary and proper clause: congress has all power necessary to execute enumerated powers

arty 1 sec 9

congress cannot ban slaves until 1808, cannot suspend writ of habeas corpus (cannot detain w/o a jury), cannot make ppl guilty w/o trial, cannot incriminate actions done before a law made it illegal, taxes must be done thru population, no interstate taxes, no titles of nobility

arty 1 sec 10

states cant make treaties, alliances, confederations, make money, make post ex facto laws

cannot tax things w/o congressional consent, goes to us treasury

states cannot keep militaries

arty 2 sec 1

exec power in president, 4 yr term, establishes electoral college, establishes reqs for pres (35+, citizen, 14 yrs a resident)

arty 2 sec 2

presidential duties

commander in chief, can establish cabinet heads, can do presidential pardons, make treaties (senate ratifies), appoint judges/head officials, make a bureaucracy

arty 2 sec 3

pres delivers state of union, ensure laws are executed and enforced

arty 2 sec 4

high officials can be impeached

arty 3 sec 1

establishes scotus, judges stay on w/ good behavior

arty 3 sec 2

fed courts have to handle real, ongoing problems, allowed to interpret laws, treaties, cases
scotus gets involved in cases w/ public officials, ambassadors, or states

scotus has appelate jurisdiciton, case must work its way up

crimes w/ jury hearing must be held in the state where it happened

arty 3 sec 3

defines/limits/sets punishments on treason

arty 4 sec 1

full faith/credit clause, all states must respect judicial proceedings of other states

arty 4 sec 2

privileges/immunities clause, citizens in every state have the same rights

extradition clause: ppl charged w/ a crime must be returned back to the state they did it in

arty 4 sec 3

states allowed to join but cant infringe on existing states w/o consent, congres can make laws about property in US

arty 4 sec 4

every state must have representative democracy, USFG protects against foreign and domestic threats

arty 5

const amendments can be called if 2/3 of senate and house want it or if 2/3 of states want it

ratified if ¾ of states say yeah

arty 6

supremacy clause: const is the highest law of the land, must uphold

arty 7

9/13 states to ratify original const

brutus I

strong central gov leads to tyranny

big republic cant protect liberty because its impossile for reps to accurately represent ppl (too far removed), leads to no will of majority

elitist views rise since they have the most power

also necessary and proper clause is scary, congress can pass wtv they want w/ loose interpretation

supremacy clause destroys state sovereignity since fed laws must be respected over state

judicial is way too powerful since life terms, no salary reductions, no way to check, interprets the const of their own volition

no bill of rights, no explicit protections of liberty, speech, jury. etc

fed 10

factions will be inevitable in a large republic - control them in two ways

destroy the root causes (impossible, democracy is the root cause) or control the effects

we can control the effects since const is designed to protect agaitns factions

crab bucket, factions will always drag each other down, makes it harder for one idea to win out

also citizens elect representatives, filters out the extreme views since theres a lot of people

fed 51

seperation of powers is the best way to protect liberty

ppl aren’t angels, gov has to protect

however gov must be seperated so power is not concentrated - executive legis judicial

each branch must check one another so no abuse

legislative can be very powerful so split it up even more into house and senate

also federalism, split fed and state power to create double security, ensure peoples rights are protected

fed 70

single executive is the best for effective gov

because of energy, quick, decisive, important in bad situations (war, foreign affairs, enforcement), w/o makes country unstable

unity makes clear responsbility and accountability, no pushing blame away

legislative must be checked since congress makes laws, has more influence

fed 78

judicial branch is least dangerous

its weak, legis has power of purse, exec has power of sword, judicial has power of nothing

judicial can only interpret const, cannot implement anything, relies on the other branches to do that

also juducial review, courts determine constitutionality of laws, its a check

w/o that, legis can pass wtv they want with no regard to const.

judges also stay on for life but only w/ good behavior, ensures stable decisions w/o politics and consistency

mcculloch v maryland

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LAW/AMENDMENT/CLAUSE IN QUESTION

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us v lopez

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citizens united v FEC

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baker v carr

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shaw v reno

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marbury v madison

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