Basic Principles of the US Constitution, AP GOV

Branches of Government

Legislative, Executive, and the Judiciary

Separation of powers

Way of dividing power among three branches of government

Members of three branches are selected by and responsible to different constituencies

Checks and balances

Gives each of the three branches of government some degress of oversight and control over the actions of others

Federal system (federalism)

Plan of government created by Constitution in which power is divided between the national and state government.

Independent states are bound together under one national government

Necessary and proper clause; elastic clause

Basis for implied powers

The final paragraph of Article I, section 8, of the Constitution

Gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution

Take care clause; faithful execution clause; Lawfully executed clause

Found in Article II, Section 3 of the Constitution

Places a mandatory duty on the President to enforce federal statutes, constitutional provisions, and criminal laws (President enforces the laws made by Congress)

President cannot create, amend, suspend, or unilaterally disregard validly enacted laws passed by Congress

Full faith and credit clause

Section 1 of Article IV of the Constitution

Ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state

Supremacy clause

Portion of Article VI of the Constitution

Mandates that the national law is supreme to (that is, supersedes) all other laws passed by the states or by any other sub-division of government

Enumerated powers; Expressed powers; Delegated powers

The powers of the national government specifically granted to Congress in Article I, section 8 of the Constitution

Implied powers

The powers of the national government derived from the enumerated powers and the necessary and proper clause

Concurrent powers

Powers shared by the national and state governments

Powers list to: Tax, collect money, establish courts, make and enforce laws, charter banks and corporations, spend money for the general welfare

Reserved powers

Powers reserved to the states by the Tenth Amendment that lie at the foundation of a state’s right to legislate for the public health and welfare of its citizens

Powers list to: Setting times/places/and manner of elections and appointing electors, ratifying amendments to the U.S. Constitution, taking measures for public health/safety/and morals, exert powers that the Constitution does not delegate to the national government or prohibit the states from using, establishing local governments, regulating commerce within a state

Commerce clause

Provision in Article I, section 8

Grants Congress the power to regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes.

Privileges and immunities clause

Part of Article IV of the Constitution

Guarantees that the citizens of each state are afforded the same rights as citizens of all other states.

Extradition clause

Part of Article IV of the Constitution

Requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial