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Federalist papers
essays written by federalists who defended the Constitution
Anti-federalists
people who opposed the Constitution
electoral college
A group of people named by each state legislature to select the president and vice president
number of electoral college votes are
2 for each senator, an additional vote for every member the state gets in the House
Brutus No.1
an Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government
Federalist No.10
an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government
Arguments against Federalist No.10
Multiple factions would not form "perfect union", state's separate interests would tear the union apart
Federalist No.51
an essay in which Madison argues that separation of powers and federalism will prevent tyranny
Arguments against Federalist No.51
No perfect way to separate powers, eventually one branch would hold more power
Federalist No.70
Foundation document that establishes the role of the Executive Branch. Executive branch would have single person who is checked by the legislative branch and proposes idea of term limits to further check executive
Arguments against Federalist No.70
Executive would only be influenced by his "minions", alarmed at idea that military would be controlled by a single person.
Federalist No.78
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches, establishes idea of judicial review
Arguments against Federalist No.78
Federal judiciary would overshadow state judiciaries, lifetime appointments would lead to corruption
necessary and proper clause / elastic clause
constitutional authorization for Congress to make any law required to carry out its powers
executive orders
Formal orders issued by the president to direct action by the federal bureaucracy.
executive agreements
Agreements with other countries from the executive that do not need senate approval
judicial review
Allows the court to determine the constitutionality of laws
federalism
a system of government where power is divided between the national government and the states
confederation
a system of government in which many decisions are made by an external member-state legislation.
Enumerated/delegated powers
Powers given to the national government alone
Enumerated powers examples
printing money, regulate interstate and foreign trade, declare war, make treaties, establishing lower courts
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
reserved powers
powers that the Constitution neither specifically grants to the national government nor denies to the state governments.
reserved power examples
issuing licenses, regulating intrastate business, establishing local governments, maintaining a justice system, educating residents
concurrent powers
powers shared by the state and federal government
concurrent powers examples
building roads, collect taxes, operating courts of law, paying debts and borrowing money, establishing courts
supremacy clause
Constitution is the supreme law of the land
Federal government cannot
impose export taxes, grant titles of nobility, suspend writ of habeas corpus, pass ex-post-fato laws or bills of attainder
bills of attainder
when the legislature declares someone guilty without a trial
ex post facto laws
A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.
habeas corpus
a writ requiring a person under arrest to be brought before a judge or into court
state governments cannot
enter into treaties, declare war, maintain a standing army, print money, pass ex post facto laws or bills of attainer, grant titles of nobility, impose import or export duties
categorial grants
Federal grants for specific purposes. Favored by politicians who prefer federal power
block grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent. Favored by politicians who commit to state rights.
What is a crossover sanction?
A technique of Congress to establish federal regulations.
How do crossover sanctions influence state and local policy?
They permit the use of federal money in one program to influence state and local policy in another.
advantages of federalism
mass participation, regional autonomy, government at many levels, innovative methods, diffusion of power, diversity
disadvantages of federalism
lack of consistency, inefficiency, bureaucracy, resistance, inequity
separation of powers
Constitutional division of powers among the legislative, executive, and judicial branches
which branch writes laws?
legislative
which branch confirms presidential appintments?
legislative
which branch ratifies treaties?
legislative
which branch grants money?
legislative
which branch declares war?
legislative
which branch proposes laws?
executive
which branch administers the laws?
executive
which branch commands the armed forces?
executive
which branch appoints ambassadors and other officials?
executive
which branch conducts foreign policy?
executive
which branch interprets the Constitution and other laws?
judicial
which branch reviews lower-court decisions?
judicial
what are two ways the executive branch checks the legislative branch?
may adjourn Congress, may veto bills
how does the judicial branch check the legislative branch?
may declare laws unconstitutional
how does the executive branch check the judicial branch?
appoints judges
how does the judicial branch check the executive branch?
may declare executive branches unconstitutional
how does the legislative branch check the executive branch?
reject appointments, reject treaties, impeach president, override veto, withhold funding for presidential initiatives
how does the legislative branch check the judicial branch?
impeach SCOTUS judges, reject appointments to SCOTUS, propose constitutional amendments to overrule judicial decisions
amendment process
proposed amendment receives 2/3 majority in both houses of Congress, 3/4 of state legislatures ratify
veto
to reject
ratify
to approve officially
reprieves
delays of punishment
pardons
freedom from punishment
gubernatorial veto
a governor's veto of a state legislature
line-item veto
an executive's ability to block a particular provision in a bill passed by the legislature. Only used in states