American Government and Constitutional Foundations

A comprehensive vocabulary review of core U.S. government concepts, constitutional clauses, branches of government, Federalist No. 39, and the McCulloch v. Maryland Supreme Court case.

Federalism

Power is divided between the national government and state governments.

Republic

A government where people elect representatives to make decisions.

Ratification

Official approval of the Constitution.

Enumerated powers

Powers specifically given to the federal government by the Constitution.

Implied powers

Powers not directly written in the Constitution but reasonably suggested by it.

Constitutional powers

Powers given to the government by the Constitution.

Concurrent powers

Powers shared by the federal and state governments, such as taxing.

State powers

Powers reserved for state governments, such as running schools.

Necessary and Proper Clause

Allows Congress to make laws needed to carry out its constitutional powers.

Supremacy Clause

Constitutional federal laws are superior to conflicting state laws.

Federal system

Power is shared between the national government and states.

National system

Power is mainly held by the national government as one united nation.

National vs. Federal

A national system focuses on the people as one nation; a federal system divides power between the nation and states.

Madison's view of the Constitution

The Constitution is partly federal and partly national.

Federalist No. 39 purpose

Madison wanted to explain and defend the republican and federal structure of the Constitution.

Madison's main point in Federalist No. 39

The Constitution creates a mixture of federal and national government.

Source of legitimate government power

The people.

Madison's view of state power

States have their own powers but are limited by the Constitution.

Anti-Federalist concern

They feared the Constitution would create a national government that was too powerful and weaken the states.

Federal government

National government created by the Constitution to handle national matters.

McCulloch v. Maryland

An 1819 Supreme Court case about the national bank and the power of the federal government.

Main issue in McCulloch v. Maryland

Whether Congress could create a national bank and whether Maryland could tax it.

Supreme Court ruling in McCulloch

Congress could create the national bank, and Maryland could not tax it.

Maryland's argument

Maryland believed it had the power to tax the national bank.

Court's response to Maryland

The state could not tax an instrument used by the federal government to carry out its powers.

Marshall's argument

Constitutional powers must be interpreted broadly enough for the government to carry out its duties.

Federal supremacy

Federal law is supreme over conflicting state laws when the federal action is constitutional.

Legislative branch

Makes laws; Congress.

Executive branch

Enforces laws; the president and executive departments.

Judicial branch

Interprets laws; the courts.

Republican government

Government based on the people's authority through elected representatives.

Madison's essential feature of a republic

Government gets its power from the people.