Principles of American Government: Separation of Powers & Federalism

1.6 to 1.8

What is the purpose of the separation of powers in the US government?

To prevent any one branch of government from acquiring too much power.

Which Federalist Paper is most notably associated with the concept of separation of powers?

Federalist Paper #51 by James Madison.

What are the primary responsibilities of the legislative branch?

Making laws, levying taxes, declaring war, regulating commerce, confirming executive branch nominees (Senate), and ratifying treaties (Senate).

What is the main responsibility of the executive branch?

Enforcing laws.

What are some key functions of the executive branch?

Commanding the military, conducting foreign affairs, appointing federal officials and judges, signing or vetoing legislation, and issuing executive orders.

What is the role of the judicial branch in the US government?

Interpreting the law, resolving disputes, and ensuring the constitutionality of laws and executive actions through judicial review.

What is the system of checks and balances?

A system that allows each branch of government to 'check' the power of the other branches.

How can the legislative branch check the power of the executive branch?

By impeaching and removing any executive official, approving or disapproving appointments and treaties, overriding presidential vetoes, and creating or dismantling officials aside from the President and Vice President.

In what ways can the executive branch check the legislative branch?

By vetoing legislation, proposing budgets and policies, using executive orders, and appointing judges and officials.

How does the judicial branch check the powers of the legislative and executive branches?

By interpreting laws and the Constitution and declaring acts of Congress and/or executive actions unconstitutional through judicial review.

What is the main premise of Federalist #51?

The tyranny of the majority must be limited by government to protect the rights of the minority.

What is Claim #1 in Federalist #51?

Limit the direct control of the majority.

What is Solution #1 proposed in Federalist #51?

Only allow for direct vote to elect members of the US House.

What happens if a factious majority takes control of a single branch according to Federalist #51?

The other branches could be insulated from the effect.

What is Claim #3 in Federalist #51 regarding the structure of government?

Checks and balances are necessary.

How should the powers of the Legislative branch be treated according to Federalist #51?

The powers of the Legislative branch need to be tempered.

What is the suggested action regarding the powers of the executive branch in Federalist #51?

The powers of the executive branch need to be strengthened.

What is the reasoning behind the checks and balances system in Federalist #51?

This system will preserve liberty by ensuring the rule of law.

How does the separation of powers impact public policy in the US?

It creates multiple access points for stakeholders and institutions to influence public policies.

Who can engage with the branches of government to influence public policy?

Stakeholders, such as interest groups, citizens, and advocacy organizations.

What actions can stakeholders take to influence public policy?

They can lobby Congress, present arguments to executive agencies, and file lawsuits.

What is the Religious Freedom Restoration Act of 1993?

A federal law aimed at protecting and restoring religious freedom rights in the US.

Why was the Religious Freedom Restoration Act enacted?

In response to a Supreme Court decision that limited protection for religious practices under the First Amendment.

What does the Religious Freedom Restoration Act allow individuals and organizations to do?

Seek exemptions or accommodations from laws that may infringe upon religious exercise.

What is DACA?

Deferred Action for Childhood Arrivals, an executive action delaying deportation for illegal aliens brought to the US as children.

What concerns did Congressional Republicans express regarding DACA?

Concerns about executive overreach and bypassing the legislative process.

What actions were taken to challenge Obama's DACA executive actions?

A group of states filed lawsuits and Congressional Republicans sought to limit funding for the program.

Who was impeached in 1868 and why?

Andrew Johnson, for violating the Tenure in Office Act and obstructing Reconstruction.

What was the outcome of Andrew Johnson's impeachment?

He was acquitted by the Senate by a single vote.

What led to Richard Nixon's impeachment proceedings in 1974?

The Watergate scandal, including charges of obstruction of justice, abuse of powers, and contempt of Congress.

What was the outcome of Richard Nixon's impeachment?

He resigned before the full House could vote on the articles of impeachment.

What charges led to Bill Clinton's impeachment in 1998?

Perjury and obstruction of justice related to his affair with Monica Lewinsky.

What was the outcome of Bill Clinton's impeachment?

He was acquitted by the Senate and his presidency continued unaffected.

What were the charges in Donald Trump's first impeachment in 2019?

Abuse of power and obstruction of Congress related to withholding aid from Ukraine.

What was the outcome of Donald Trump's first impeachment?

He was acquitted on both charges.

What was Donald Trump's second impeachment in 2021 about?

Incitement of insurrection for his role in the January 6 Capitol attack.

What is the relationship between state and national governments in a federal republic?

It is contentious and complicated, with ongoing debates over the balance of power.

What are the five primary forms of governmental powers?

Exclusive powers, Enumerated powers, Implied powers, Reserved powers, Concurrent powers.

What are exclusive powers?

Powers held by only one level of government (state or federal), which can be both enumerated and implied.

What are enumerated powers?

Powers explicitly listed in the Constitution and assigned to either the federal or state governments.

Give an example of an enumerated power.

The power to declare war, which is an exclusive enumerated power of the federal government.

What are implied powers?

Powers not specifically mentioned in the Constitution but inferred from the Necessary and Proper Clause.

How does the Necessary and Proper Clause relate to implied powers?

It grants Congress the authority to make laws necessary and proper for executing its enumerated powers.

What was the significance of McCulloch v. Maryland (1819)?

It established the power to create a national bank as an implied exclusive power.

What are reserved powers?

Powers not specifically delegated to the federal government, reserved for the states, protected by the 10th Amendment.

What are some examples of reserved powers?

Regulating intrastate commerce, establishing and regulating schools, conducting elections, managing professional licensing.

What are concurrent powers?

Powers shared by both federal and state governments.

Provide examples of concurrent powers.

Levying taxes, establishing and maintaining courts, borrowing money, enacting and enforcing criminal laws.

How does the national government influence state governments?

Primarily through funding, as it cannot impose its will outside of constitutional powers.

What is revenue sharing?

The practice of the federal government providing a portion of its tax revenue to state governments.

What is a block grant?

A type of federal funding provided to states for broad policy areas, allowing flexibility in allocation.

Give an example of a block grant.

Temporary Assistance for Needy Families (TANF) block grant for welfare programs.

What are categorical grants?

Federal funds provided to states for specific purposes or projects with strict guidelines.

Provide an example of a categorical grant.

Highway Safety Grant for improving road safety measures.

What are mandates in the context of federalism?

Requirements imposed by the federal government on state governments to implement specific policies.

What role does the 10th Amendment play in federalism?

It protects reserved powers for the states.

What is the ongoing debate regarding state and national powers?

The balance of power between the two levels of government.

What is the significance of the federal government's funding methods?

They incentivize or compel states to comply with federal policies.

What is an example of a funded mandate?

The Individuals with Disabilities Education Act, which requires states to provide special education services.

What is an example of an unfunded mandate?

The Clean Air Act, which sets air quality standards.

How has the 14th Amendment impacted federalism?

It has changed the balance of power between state and national governments.

What role does the Due Process Clause of the 14th Amendment play?

It safeguards individual rights and liberties from infringement by state governments.

What is substantive due process?

It protects certain fundamental rights and liberties essential to ordered liberty, such as the right to privacy and marriage.

What is procedural due process?

It requires states to follow fair and just procedures when depriving a person of life, liberty, or property.

What are the guidelines established by SCOTUS for adequate due process?

1) Notice of government actions, 2) Opportunity to be heard before an impartial tribunal, 3) Right to present evidence, 4) Right to legal representation.

What is the Equal Protection Clause of the 14th Amendment?

It ensures that all individuals are treated equally under the law, regardless of race, ethnicity, gender, or other characteristics.

What was the significance of Brown v. Board of Education (1954)?

The Supreme Court ruled that racial segregation in public schools was unconstitutional, violating the Equal Protection Clause.

What was the outcome of the Supreme Court's ruling in Brown v. Board of Education?

The ruling declared that separate schools based on race were inherently unequal, creating feelings of inferiority for Black children.

What authority does the Commerce Clause grant the federal government?

It grants the authority to regulate commerce among the states.

How can SCOTUS's interpretations of the Commerce Clause impact regulatory power?

They can significantly expand or limit the scope of federal regulatory power.

What was the ruling in Wickard v. Filburn (1942)?

The Court ruled that a farmer growing wheat for personal consumption could be subject to federal regulation under the Commerce Clause.

What did the ruling in Wickard v. Filburn expand?

It expanded the federal government's regulatory reach to include activities with minimal or indirect impact on interstate commerce.

What is the case United States v. Lopez (1995) about?

It addresses whether the Gun-Free School Zones Act exceeds Congress's power under the Commerce Clause.

What were the facts of United States v. Lopez?

Alfonzo Lopez carried a concealed weapon into his high school and was charged under federal law after state charges were dismissed.

What was the Gun-Free Schools Act of 1990?

It forbids individuals from knowingly possessing a firearm in a school zone.

What was the outcome of Lopez's trial?

Lopez was found guilty and sentenced to 6 months imprisonment and two years of supervised release.

What constitutional issue was raised in United States v. Lopez?

Whether the Gun-Free School Zones Act was unconstitutional for exceeding Congress's legislative power under the Commerce Clause.

What was the main issue in Alfonzo Lopez's case regarding the Gun-Free Schools Act of 1990?

Whether the Act was unconstitutional because it exceeded Congress's power under the Commerce Clause.

What was the Supreme Court's decision regarding the Gun-Free Schools Act of 1990?

The Court ruled that the Act was unconstitutional as the possession of a gun in a school zone is not an economic activity affecting interstate commerce.

What does the Necessary and Proper Clause allow Congress to do?

It grants Congress the authority to pass laws deemed necessary and proper to execute its enumerated powers.

What significant case interpreted the Necessary and Proper Clause to justify the establishment of a national bank?

McCulloch v. Maryland (1819).

What was the outcome of McCulloch v. Maryland regarding Congress's authority to establish a bank?

The Court held that Congress had the power to incorporate the bank.

What rationale did Chief Justice Marshall provide for the establishment of a national bank?

He interpreted 'necessary' to mean 'appropriate and legitimate,' allowing for broader congressional powers.

What did the Supreme Court decide about Maryland's ability to tax the Second Bank of the United States?

The Court ruled that Maryland could not tax instruments of the national government used in executing constitutional powers.

What is the Supremacy Clause and where is it found?

It is found in Article VI, Clause 2 of the Constitution and establishes that federal laws take precedence over state laws.

What principle was established in Marbury v. Madison regarding judicial review?

The principle of judicial supremacy, allowing the Supreme Court to declare acts of Congress unconstitutional.

How did Chief Justice Marshall define 'necessary' in the context of the Necessary and Proper Clause?

He defined it as 'appropriate and legitimate,' covering all methods for furthering objectives of enumerated powers.

What was the main fact leading to Alfonzo Lopez's federal charges?

He carried a concealed weapon into his high school.

What was the sentence given to Alfonzo Lopez after being found guilty?

He was sentenced to 6 months imprisonment and two years of supervised release.

What does the Necessary and Proper Clause enable Congress to do beyond its enumerated powers?

It allows Congress to exercise implied powers necessary to carry out its functions.

What was the historical significance of McCulloch v. Maryland?

It established a precedent for a broader interpretation of Congress's implied powers.

What did the Supreme Court assert in Marbury v. Madison regarding the Constitution?

The Court asserted its authority to declare acts of Congress unconstitutional.

What is the relationship between state laws and federal laws as established by the Supremacy Clause?

Federal laws and the Constitution take precedence over conflicting state laws.

What was the outcome of the state court's decision regarding the Second Bank of the United States?

The state court held that the bank was unconstitutional due to lack of explicit constitutional authority.

What did the Court's decision in McCulloch v. Maryland imply about state taxation?

While states can tax, the Constitution and federal laws are supreme and cannot be controlled by states.

What was the Gun-Free Schools Act of 1990 designed to do?

It forbids individuals from knowingly possessing a firearm in a school zone.

What did the Court conclude about the economic impact of gun possession in school zones?

It concluded that such possession does not have a substantial effect on interstate commerce.

What is the significance of the Necessary and Proper Clause in relation to Congress's powers?

It allows Congress to enact laws that are essential for executing its enumerated powers.

What was the legal basis for Lopez's federal charges after the state charges were dismissed?

He was charged under the Gun-Free Schools Act of 1990.

What does the term 'judicial supremacy' refer to?

It refers to the Supreme Court's authority to interpret the Constitution and invalidate laws that conflict with it.