Chapter 3 Gov't Study Guide

unconstitutional

contrary to constitutional provisions and so illegal, null, and void

checks and balances

system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others

federalism

system of gov't in which a written constitution divides power between a central or national gov't and several regional gov'ts like states

judicial power

power of the courts to decide what the constitution means

executive agreements

pact made by the president directly with the head of a foreign state that does not require Senate consent

formal amendment

change or addition that becomes part of the written language of the Constitution

senatorial courtesy

unwritten rule where the senate would reject a presidential appointment under certain circumstances

treaty

formal agreement between two or more sovereign states

exclusive powers

those powers that can be exercised by the national gov't alone

implied powers

those delegated powers of the national gov't that are suggested by the necessary and proper clause needed to carry out the expressed powers

division of powers

basic principle of federalism; the gov't powers are divided by the national gov't and 50 states

reserved powers

powers that the constitution does not grant to the national gov't and does not deny to the states

inherent powers

Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state

delegated

Those powers, expressed, implied, or inherent, granted to the National Government by the constitution

concurrent powers

powers held by both the national gov't and the states possess and exercise

expressed powers

expressly stated in the constitution, aka "enumerated powers"

interstate compact

formal agreement entered into with the consent of Congress, between or among States, or between a State and a foreign state

enabling act

A congressional act directing the people of a United States territory to frame a proposed State constitution, 1st step toward admission to the union

what are the 3 main parts to the constitution?

Preamble, Articles, Amendments

what did the first 3 articles of the constitution do for our gov't?

gave us the 3 branches of gov't

name 3 goals the framers had when creating the Constitution

form more perfect union, establish justice, promote general welfare, provide for common defense

why was the case of Marbury vs. Madison so important?

established power of judicial review

describe one executive check, one judicial check, and one legislative check

executive- appoints Supreme court justices, may veto legislature

judicial- declares acts unconstitutional (Congress and executive)

legislative- impeachment of president and judges

what is the subject of article 5?

formal amendment process

describe the 2 ways an amendment can be proposed and the two ways an amendment can be ratified

proposed by Congress or national gov't (2/3 states)

ratified by 3/4 state legislature or 3/4 state conventions

why is the amendment process an excellent example of federalism?

split between states and national gov't; proposed nationally, ratified by states; both have to work together to pass a law

one example of basic legislation

article 2 sets up executive branch, Congress set up 15 executive departments

one example of executive action

increased war making powers- only Congress can declare war but president have sent in troops without declaration

one example of court decisions

Plessy v. Ferguson- segregation; power to interpret laws

one example of party practices

how we nominate president and VP

one example of custom

senatorial courtesy- rejecting presidential appointment

what was the framers main goal with federalism?

create a stronger national gov't and preserve powers of states

what is the "dual effect" of federalsim?

two levels of gov't operate at same time over same singular group

what constitutional guideline gives congress its implied powers?

Necessary and Proper Clause

where is the division of powers found between the national gov't and the states?

10th amendment

what happened in the case of McCulloch v. Maryland?

MuCulloch refused to pay state taxes and was convicted of tax evasions. Supreme Court reversed conviction and found that taxing of federal banks is a threat to federalism. First case to test the Supremacy Clause

what are the 3 national gov't obligation to the states?

republican form of gov't

make war, keep peace -protect against invasion and violence

respect for territorial integrity

what is the only restriction placed on Congress when admitting states?

can't make a state out of territory from an already existing state without consent

what is said to be the best example of cooperation between the national gov't and the states?

grants-in-aid programs

what is required by the full faith and credit clause?

recognition of public acts, records, and judicial proceedings

what caused the exception to the FFCC in the case of Williams v. North Carolina>

never established residency in Nevada

what is the purpose of the Privileges and Immunities clause?

each state treats other states citizens fairly; no unreasonable distinction

what is the purpose of the Extradition Clause?

prevents a person from escaping justice by fleeing a state; fugitives can be returned to that state for punishment