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Executive Privilege
the power claimed by the president of the United States and other executive branch officials to keep certain communications confidential and resist subpoenas or oversight from the legislative and judicial branches
Judicial Review
the power of courts to check and invalidate legislative, executive, and administrative actions that violate a country's constitution or legal rules (power to say no to branches)
A constitution establishes
Structure(mechanisms), functions(powers), and procedures in which it carries out its responsibilities
Confederation
a political system in which a weak central government has limited authority, and the states have ultimate power
A Unitary System
A government that gives all key powers to the national or central government, the central government sets the rules for the states
Federalism
A system in which power is divided between the national and state governments, both states and central share power
Advantages of Federalism
More suitable for large nations, frees up national government, local priorities are respected
Disadvantages of Federalism
Conflict of authority, factions, too much variation between laws, uneven distribution of wealth
McCulloch v. Maryland
An 1819 court case involving a dispute over whether the central government had the power to create a national bank (established national supremacy)
Police Power
the authority of states to pass laws for the health, safety, and morals of their citizens
Concurrent powers
The powers listed in the Constitution as belonging to both national and state governments
Full faith and credit
states must respect and honor the public acts, records, and court rulings of every other state, (all civil obligations)
Interstate Rendition
the obligation of states to return people accused of a crime to the state from which they fled
Enabling Act
A resolution passed by Congress authorizing residents of a territory to draft a state constitution as part of the process of adding new states to the Union.
Separation of Powers
Legislative branch (congress makes laws, congress is house of reps + senate, money power), Executive branch (president, implements laws through IRS), and Judicial branch (Supreme Court, powerful)
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Factions
A number of citizens who are united and motivated by common passion or interests
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison to ratify proposed constitution
Madison
wrote 30/85, valued liberty, and spoke on factions
Liberty
An individual's right to choose goals and exercise realistic means to reach goals
Madisonian Dilemma
The problem of limiting self-interested individuals who administer stronger governmental powers from using those powers to destroy the freedoms that government is supposed to protect.
Republican Form of Government
System of government in which power is held by the voters and is exercised by elected representatives responsible for promoting the common welfare.
A constitution defines
the fundamental rules and powers under which government operates
Rule of law
No one is above the law, basic rules to establish limits on government powers
Representative government
system of government in which public policies are made by officials selected by the voters and held accountable in periodic elections (no direct democracy)
Fragmentation of power
divides power among a number of institutions and offices so no one single individual has power, no 1 class can control the government
Constituency
the group of voters represented by a politician or branch
Mixed government
The idea that the government should represent both property and the number of people
The Supremacy Clause
Establishes that federal laws and treaties made under its authority take precedence over state law
Grants
States depend on Fed for money: Block (more flexibility in how money is spent) or Categorical (comes with restrictions i.e. education or technology)
Mandate
Fed tells state what to do, sometimes FUNded, sometimes UNFUNded, most concern the environment
Devolution
the transfer of powers and responsibilities from the federal government to the states, part of Reagan (80's), the Republican Revolution (90's)
Formal amendments
two distinct stages: (1) the proposal of the amendment and (2) the ratification of the amendment
Proposing Amendments
are from a 2/3 vote in the House of Congress or constitution convention (convention never been used)
Ratification
is a political process, proposed amendments must be ratified by 3/4 states, they happen: (1) by votes of state legislatures or (2) by conventions held in the states
21st Amendement
Only amendment to be ratified by state convention
Civil Liberties
The freedoms and protections against arbitrary governmental actions given to the people in a democratic society (fundamental rights)
10th amendment
states have rights too, the powers not in the constitution are reserved to the state
Enumerated powers
Powers given to the national government alone (the right to tax)
Implied powers
Powers not specifically mentioned in the constitutions "necessary and proper" clause but still needed (the right to have a national bank)
Inherent Powers
Not derived from enumerated or implied powers, but are essential to government function, naturally assumed to exist so gov. can function (immigration)
Executive Interpretation
How the president and executive branch interpret the law as it is being carried out
Liberals
believe in government action to achieve equal opportunity and equality for all (more trust in government) duty of gov. to help with social ill (racism) and protect civil liberties (Freedom of speech)
Liberals believe
the role of the government is to guarantee that no one is in need, policies emphasize the need for gov. to solve problems
Conservatives
Believe in personal responsibility, limited government, free markets (leave it be), individual liberty, strong national defense
Laissez-faire
let it be/ leave it alone
Capitalism
private people and companies own things like factories, tools, Private ownership
Conservatives believe
role of gov. is to provide people economic freedom to pursue goals, policies emphasize empowerment of the individual to solve problems
Libertarian
Believe in freedom, liberty and free will, laissez-faire, less gun control, for same sex marriage