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 from one specific branch
Federalism
A system in which power is divided between the national and state governments
Republicanism (Representative Democracy)
A form of government where the people have the power, but they elect others to represent them in government because these people are more experienced and/or the group of people is too large for direct democracy to work.
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Shared Powers
Powers that are held by both state and national governments
examples include but are not limited to: 1. Creating and collecting taxes 2. Making and enforcing laws 3. Borrowing money 4. setting a minimum wage
Limited Government
The government's powers are defined and limited by a constitution in order to protect the natural rights of citizens.
Reserved powers of the states
public education2. establish local governments3. conduct elections4. laws on marriage and divorce
Preamble and Goals of Constitution
We the People of the United States, in Order to form a more perfect Union (1), establish Justice (2), insure domestic Tranquility (3), provide for the common defense (4), promote the general Welfare (5), and secure the Blessings of Liberty to ourselves and our Posterity (6), do ordain and establish this Constitution for the United States of America
Article 1
Article of the Constitution that defines the powers and workings of the Legislative Branch, powers denied to the federal and state governments, and powers granted to congress
Tax and Spend Clause (Power of the Purse) - Article 1
Congress is granted the power to lay and collect taxes in order "to pay the Debts and provide for the common Defense and General Welfare of the United States."
Commerce Clause - Article 1
Clause stating that Congress can regulate interstate and international commerce.
Power to Declare War - Article 1
Gives congress the sole power to declare war
Power to coin money and create supreme currency - Article 1
Congress power to coin money and regulate value
Power to Raise and Support Military - Article 1
Congress has the power to raise and support armies
Power to Protect against Counterfeiting - Article 1
Congress power to punish counterfeits of security and current coins
Emoluments Clause - Article 1
Generally prohibits federal officeholders from receiving any gift, payment, or other thing of value from a foreign state or its rulers, officers, or representatives
Necessary and Proper Clause (Elastic Clause) - Article 1
Congress power to to make any law required to carry out its powers any law that is "necessary and proper"
Legislative Process (Presentment Clause) - Article 1
President power to veto or approve a law from the senate or house
Expost Facto - Article 1
Congress cannot and states cannot punish people doing a particular thing before a law was passed punishing that thing.
Writ of Habeas Corpus - Article 1
Congress cannot and states must ensure due process
Bills of Attainder - Article 1
Congress cannot and states cannot impost the death penalty without a juticial trial
Export Tax - Article 1
No Tax or Duty shall be laid on Articles exported from any State
Titles of Nobility - Article 1
Congress cannot and states cannot grant titles of nobility
House and Senate Qualifications - Article 1
Each representative must:
Be at least twenty-five years old2. Have been a citizen of the United States for the past seven years3. Be (at the time of the election) an inhabitant of the state they represent.
House and Senate Make-up - Article 1
House has always been elected directly by the people
Senate has been elected by the people since 1913 and by state legislatures before that.
Article 2
Article of the Constitution that defines the Executive Branch, it's powers, duties, and means of removal and vests the power of the Executive Branch in the office of the president
Commander in Chief Clause (Power to Wage War) - Article 2
Clause that names the president as the civilian head of U.S. military forces
Diplomatic Delegated Powers of President - Article 2
The president sends and receives ambassadors and conducts diplomacy, along with the implied power to officially recognize foreign governments. The president also has the power to make executive agreements with leaders of other countries.
Qualifications of the President - Article 2
35 years old2. Natural born citizen3. Resided in the U.S. for 14 years
Qualifications of the Vice President - Article 2
35 years old2. Natural born citizen3. Resided in the U.S. for 14 years
How Vice President was Originally Chosen - Article 2
Runner up of the presidential election was VPConstitutional Duties of the VP - Article 2
Appointment Clause - Article 2
Gives president the authority to appoint cabinet secretaries, administrators of executive administrative agencies, an commissioners an board members for independent administrative agencies
Advise and Consent Clause (President Power to Appoint with Senate Confirmation) - Article 2
A power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, United States Attorneys, and ambassadors.
Impeachment Clause/Process - Article 2
Constitutional clause that states the President, Vice President and all civil Officers of the United States, can be impeached for doing bad things in which the House sends articles of impeachment to senate and senate decides if they should be impeached.
Treaty Clause - Article 2
President create treaties, Senate ratify Treaties
Article 3
Article of the Constitution that sets up the Judicial Branch, vests the power of the Judicial Branch in the supreme court with inferior courts being able to make decisions sometimes, and defines treason
Supreme Court Jurisdiction (Original and Appellate) - Article 3
Original jurisdiction is the right of a court to hear a case for the first time. It can be distinguished from appellate jurisdiction which is the right of a court to review a case that has already been heard and decided upon by a lower court
Supreme Court Qualifications - Article 3
None, just need to have Good Moral Character (not be infamous)
Appointment Process for Judges - Article 3
Appointed by President and Confirmed by Senate
Supreme Court Tenure - Article 3
Once appointed, justices have life tenure unless they are removed after impeachment.
Congressional regulations of Judicial Branch - Article 3
Power to Create of Lower Courts, Set Size of Courts, and Raise but not Lower Justice Salary
Article 4
Article of the Constitution that regulates the states' powers, and their interaction with the National government.
Extradition Clause - Article 4
Requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.Full Faith and Credit Clause - Article 4
Privileges and Immunity Clause - Article 4
States are prohibited from unreasonably discriminating against residents of other states (states have to treat someone from a diff state with the same rights as its own state citizens)
Admissions Clause - Article 4
Clause stating that Congress admits new states, unless a part of an existing state is involved.
Article 5
Article detailing the amendment process
Amendment Process - Article 5
To pass an amendment
1st: Amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states
2nd: Amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states
Article 6
Article of the Constitution that sets the status of the Constitution as the supreme law of the land, to which leaders must be loyal.
Loyalty Clause - Article 6
President takes an oath that states he will maintain and defend the constitution
Supremacy Clause - Article 6
Constitution is the supreme law of the land, and federal law eclipses state law
Repayment of Debts from Articles of Confederation - Article 6
All debts contracted and deals entered into before the ratification of the constitution, are valid against the United States under the Constitution, as under the Confederation.
Article 7
Article of the Constitution that addresses ratification and declares that the constitution should take affect if 9 out of 13 states ratify
Ratification of Constitution - Article 7
Required 9 out of 13 states to ratify it to become law.