US Government - Quiz 2

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Popular Sovereignty

All political power resides in the people.

Limited Government

No government is all powerful (Rule of Law)

Separation of Powers

Legislative, Executive, and Judicial powers are distributed among different branches of government.

Checks and Balances

The branches of government have the authority to check the power of each other, ensuring no branch is too powerful (“He shall return it..”

Federalism

System of government where the Constitution divides power between the Federal government and the states.

Delegated Powers

Expressed, implied, and inherent powers

Enumerated Powers

Powers explicitly written in the Constitution

Implied Powers

Not explicitly written but implied by the expressed powers (“Necessary and Proper”)

“Necessary and Proper” Clause

Grants Congress the authority to enact laws that are needed for it to carry out its express powers

Reserved Powers

Powers that the Constitution grants to the states but NOT the Federal government (ex. Establish public schools)

Concurrent Powers

Powers used by both the States and the Federal Government (ex. power to tax)

Excusive Powers

Powers given to the Federal government ONLY (ex. power to coin money)

Supremacy Clause

The Constitution and federal laws prevail over state law or constitution.

McCulloch v. Maryland: Situation

The state of Maryland taxed the National Bank of America, cashier James McCulloch refused to pay the tax, and Maryland took him to court.

McCulloch v. Maryland: Question

Did Congress have the authority to establish the ban, and did the Maryland law unconstitutionally interfere with congressional power?

McCulloch v. Maryland: Ruling

Congress has implied powers meant to carry out it’s Enumerated powers and states cannot control the operations of constitutional laws.

Republican Form of Government

Any new state/territory must have a Republican form of government.

Full faith and Credit

Every state in the Union must recognize the legal decisions of other states

Privileges and Immunities

The basic rights and protections of citizens are consistent in every state.

Proposing an Amendment

2/3s of Congress propose changes

Proposing an Amendment (National Convention)

2/3s of the states call a convention for proposing changes

Ratifying an Amendment (Legislatures)

¾ of state legislatures approve

Ratifying an Amendment (Conventions)

¾ of state conventions agree

Republican Form of Government Term

People choose representatives to make changes for them.

Inherent Powers

Powers that the National government has because of its nature as a sovereign power (ex. power to acquire territory)