GOV UNIT 2

What is separation of powers?

The division of national government power among the legislative, executive, and judicial branches.

What is the purpose of separation of powers?

To prevent one branch from becoming too powerful and protect liberty.

What is the legislative branch?

Congress (House and Senate); it makes laws, controls federal spending, declares war, and oversees the executive branch.

What is the executive branch?

The president and executive departments/agencies; it enforces laws and directs the federal government.

What is the judicial branch?

The Supreme Court and lower federal courts; they interpret laws and decide whether government actions follow the Constitution.

Separation of powers vs. federalism

Separation of powers divides power among branches; federalism divides power between national and state governments.

What are checks and balances?

A system that lets each branch limit the power of the other branches.

Why were checks and balances created?

To prevent tyranny and stop too much power from collecting in one branch.

How can Congress check the president?

Override vetoes, control funding, investigate the executive branch, confirm many appointments, approve treaties, and impeach officials.

How can the president check Congress?

The president can veto bills.

How can courts check Congress and the president?

Through judicial review, courts can declare laws or government actions unconstitutional.

How can the president check the courts?

The president nominates federal judges; the Senate confirms many nominees.

How can Congress check the courts?

The Senate confirms judges; Congress can impeach federal judges, create lower courts, and propose constitutional amendments.

How can Congress override a presidential veto?

A two-thirds vote in both the House and Senate is required.

What is Federalist No. 51 about?

James Madison explains how separation of powers and checks and balances prevent one part of government from becoming too powerful.

Who wrote Federalist No. 51?

James Madison.

What does “ambition must be made to counteract ambition” mean?

Each branch will protect its own power, helping prevent another branch from dominating.

What does “If men were angels, no government would be necessary” mean?

People are imperfect, so government is needed; government itself must also be controlled.

How does federalism check government power?

It divides authority between national and state governments.

How are war powers divided?

Congress declares war and controls funding; the president is Commander in Chief and directs military operations.

What war powers does Congress have?

Declare war; raise and support armies; provide and maintain a navy; fund the military; make rules for the armed forces; authorize military force.

What war powers does the president have?

The president is Commander in Chief, directs military operations, and can respond to immediate threats.

What does Commander in Chief mean?

The president is the top civilian leader of the U.S. armed forces.

What is the War Powers Resolution of 1973?

A law intended to limit the president's ability to involve U.S. forces in hostilities without Congress's involvement.

Why was the War Powers Resolution passed?

Congress wanted to reassert its role after concerns about presidential military actions, especially during the Vietnam era.

What does the War Powers Resolution say about consultation?

The president must consult Congress, when possible, before introducing U.S. forces into hostilities.

What does the War Powers Resolution say about notice?

The president must notify Congress within 48 hours after introducing forces into hostilities or imminent hostilities.

What is the 60-day rule?

Without a declaration of war or authorization, forces generally must be withdrawn within 60 days; up to 30 extra days may be allowed for safe withdrawal.

What is the 2001 AUMF?

A law passed after 9/11 authorizing the president to use necessary and appropriate force against those responsible for or supporting the attacks to prevent future international terrorism against the U.S.

Declaration of war vs. AUMF

A declaration formally declares war; an AUMF authorizes force for a stated purpose without formally declaring war.

What is impeachment?

The formal process of accusing a federal official of serious misconduct; impeachment itself does not remove the official.

Which chamber impeaches?

The House of Representatives.

What vote is needed for the House to impeach?

A simple majority.

Which chamber holds the impeachment trial?

The Senate.

What vote is needed for the Senate to convict and remove?

A two-thirds vote of senators present.

Who presides over a presidential impeachment trial?

The Chief Justice of the Supreme Court.

What are impeachable offenses?

Treason, bribery, and high crimes and misdemeanors.

What does “high crimes and misdemeanors” mean?

Serious misconduct or abuse of public office; it is not limited to ordinary criminal offenses.

Who can be impeached?

The president, vice president, and other civil officers of the United States, including federal judges.

Impeachment vs. removal

Impeachment is the House's formal accusation; removal happens only if the Senate convicts.

Which presidents have been impeached?

Andrew Johnson, Bill Clinton, and Donald Trump (twice); all were acquitted by the Senate.

What happened to Richard Nixon?

He resigned in 1974 before the full House voted on articles of impeachment.

What is federalism?

A system that divides power between the national government and state governments.

What is Federalist No. 39 about?

James Madison explains that the Constitution creates a government that is partly national and partly federal.

Who wrote Federalist No. 39?

James Madison.

What is a national feature in Federalist No. 39?

The national government acts directly on individuals and national laws apply throughout the country.

What is a federal feature in Federalist No. 39?

States keep important powers, and the Constitution was ratified through state conventions.

What is dual federalism?

National and state governments have separate, clearly defined responsibilities; also called layer-cake federalism.

What is cooperative federalism?

National, state, and local governments work together on policies; also called marble-cake federalism.

What is New Federalism?

Efforts to shift power and responsibility from the national government back toward the states.

What was the Devolution Revolution?

A movement, especially associated with the 1990s, to transfer policy responsibilities from the national government to states.

What is a categorical grant?

Federal money given to states/local governments for a specific purpose, usually with detailed rules.

What is a block grant?

Federal money given for a broad policy area, giving states more flexibility in how to spend it.

What is an unfunded mandate?

A federal requirement imposed on state/local governments without enough federal money to cover the costs.

Categorical grant vs. block grant

Categorical grants have specific uses and rules; block grants support broad areas and give states more flexibility.

What does the 10th Amendment say?

Powers not delegated to the national government and not prohibited to states are reserved to the states or the people.

What is the Supremacy Clause?

Article VI says the Constitution, valid federal laws, and treaties are the supreme law of the land.

What happens when a valid federal law conflicts with state law?

Federal law generally takes priority under the Supremacy Clause.

What are expressed/enumerated/delegated powers?

Powers specifically given to the national government in the Constitution.

Examples of expressed powers

Tax, borrow money, regulate interstate and foreign commerce, coin money, declare war, and raise/support armed forces.

What are reserved powers?

Powers kept by the states or the people under the 10th Amendment.

Examples of reserved powers

Establish local governments, run public schools, issue driver's licenses, conduct most elections, and regulate many public health and safety matters.

What are concurrent powers?

Powers shared by national and state governments.

Examples of concurrent powers

Taxing, borrowing money, establishing courts, making/enforcing laws, and spending for public purposes.

How do you identify an expressed power?

It is specifically listed as a power of the national government in the Constitution.

How do you identify a reserved power?

It is kept by the states or the people rather than delegated to the national government.

How do you identify a concurrent power?

Both national and state governments can exercise it.

What happened in McCulloch v. Maryland (1819)?

Congress created a national bank; Maryland tried to tax it; bank cashier James McCulloch refused to pay.

What were the questions in McCulloch v. Maryland?

Could Congress create a national bank using implied powers, and could Maryland tax the national bank?

What did the Court decide in McCulloch v. Maryland?

Congress could create the bank under implied powers, and Maryland could not tax the federal bank.

What clause supported Congress's power in McCulloch?

The Necessary and Proper Clause, also called the Elastic Clause.

What principle prevented Maryland from taxing the bank?

The Supremacy Clause; states cannot interfere with valid federal actions.

Why is McCulloch v. Maryland important?

It strengthened national power, confirmed implied powers, and limited states' ability to interfere with the federal government.

What happened in U.S. v. Lopez (1995)?

A student brought a gun to school and was charged under the federal Gun-Free School Zones Act.

What constitutional question was raised in U.S. v. Lopez?

Could Congress use the Interstate Commerce Clause to ban gun possession near schools?

What did the Court decide in U.S. v. Lopez?

Congress exceeded its Commerce Clause power; possessing a gun near a school was not economic activity sufficiently connected to interstate commerce.

Why is U.S. v. Lopez important?

It limited Congress's use of the Interstate Commerce Clause and reinforced state authority.

McCulloch vs. Lopez

McCulloch expanded national implied powers; Lopez limited Congress's use of the Commerce Clause.

What is strict construction?

A narrow interpretation of the Constitution that generally limits the national government to powers clearly stated or closely tied to the text.

What is loose construction?

A broader interpretation that allows implied powers needed to carry out expressed powers.

What are implied powers?

Powers not directly listed in the Constitution but reasonably inferred as necessary to carry out expressed powers.

What are expressed powers?

Powers specifically written in the Constitution.

What is the Interstate Commerce Clause?

It gives Congress power to regulate commerce among the states.

How has the Interstate Commerce Clause supported implied powers?

Congress has used it to regulate activities that affect interstate commerce, although cases such as Lopez show limits.

What is the Necessary and Proper Clause?

Article I, Section 8, Clause 18 lets Congress make laws needed to carry out expressed powers; it supports implied powers.

Why is it called the Elastic Clause?

It gives Congress flexibility to choose appropriate means to carry out its listed powers.

What is an executive agreement?

An agreement between the president and another country's government that generally does not require Senate approval like a treaty.

Executive agreement vs. treaty

A treaty requires approval by a two-thirds vote of the Senate; an executive agreement generally does not.

What is an executive order?

A presidential directive to executive-branch officials/agencies about how to carry out or manage government operations.

What limits executive orders?

They must be based on constitutional or statutory authority and can be challenged in court or reversed by a later president.

What is a signing statement?

A written comment issued by the president when signing a bill, often explaining the president's interpretation or raising constitutional concerns.

Can a signing statement cancel a law?

No. A signing statement does not allow the president to cancel a law.

What is judicial review?

The power of courts to decide whether laws or government actions violate the Constitution.

What case established judicial review for the Supreme Court?

Marbury v. Madison (1803).

What is judicial activism?

A debated label for an approach in which judges take an active role in interpreting the Constitution and may strike down laws or shape policy through rulings.

What is judicial restraint?

The view that judges should generally defer to elected branches and avoid overturning laws unless there is a clear constitutional problem.

What can happen to presidential power during a national emergency?

Presidents may claim or use broader authority to respond quickly, but they remain limited by the Constitution and laws.

What are examples of national emergencies?

War, terrorist attacks, pandemics, and major natural disasters.

What checks remain during a national emergency?

Congress can authorize action, control funding, and investigate; courts can review constitutionality; the president must follow the Constitution and laws.

Does a national emergency erase constitutional limits?

No. Constitutional rights, checks and balances, and federalism still apply.