i hate gov

Federalist 10

Overview: Written by James Madison, it argues that a large republic is better at controlling factions than smaller republics. Madison believes that varied interests will prevent any single group from dominating, thus protecting individual rights.

Functions of the Branches

Legislative Branch (Congress): Composed of the House of Representatives and the Senate, responsible for creating laws. Members are directly elected by the people, making it the most democratic branch.

Executive Branch (President): Enforces laws, conducts foreign policy, and serves as commander-in-chief of the armed forces. The president is elected by the Electoral College.

Judicial Branch (Supreme Court and lower courts): Interprets laws and constitutionality. Judges are appointed for life, which can insulate them from political pressures.

Examples of Which Branches are Most Democratic

The Legislative Branch is the most democratic, as representatives are elected directly by the people. The Judicial Branch, while intended to be impartial, is not elected and can be seen as less democratic.

Little Elves Jump For A Sweet Reward

This mnemonic helps remember the goals of the Preamble, which are to ensure justice, promote domestic peace, provide defense against external threats, secure the blessings of liberty, and enhance the general welfare.

Constitutional Clauses

Supremacy Clause: Establishes that federal law supersedes state law.

Commerce Clause: Gives Congress the power to regulate interstate and international commerce.

Necessary and Proper Clause: Allows Congress to make laws necessary for carrying out its enumerated powers.

Checks and Balances

Legislative: Overrides presidential vetoes, declares war, can impeach officials.

Executive: Vetoes legislation, appoints federal officials, proposes budgets, and can issue executive orders.

Judicial: Reviews the constitutionality of laws and executive actions through judicial review.

Bureaucracy

Comprises government agencies and departments that carry out functions like implementing federal laws, regulations, and public policies. Agencies operate with specific authority and are often responsible for the day-to-day administration of government programs.

Constitutional Amendments & Protections

Changes to the Constitution that protect individual rights (e.g., First Amendment protects freedom of speech). The Bill of Rights contains the first ten amendments, addressing personal freedoms and limiting government power.

Antifederalists’ Concerns

Opposed the Constitution, fearing it created too powerful a central government, risking citizens' liberties. They wanted more explicit protections for individual rights and stronger state powers.

Constitutional Compromises

The Great Compromise: Established a bicameral legislature with proportional representation in the House and equal representation in the Senate.

Three-Fifths Compromise: Counted three-fifths of the slave population for representation and taxation purposes.

Federalism

A system where power is shared between the national and state governments, allowing for diverse governance suited to local needs while maintaining federal authority.

McCulloch v. Maryland

A landmark Supreme Court case (1819) that upheld the principle of implied powers and established federal supremacy over state laws, affirming Congress’s authority to create a national bank.

Schenk v. US

Supreme Court case (1919) that upheld the conviction of Charles Schenck for distributing anti-draft pamphlets during World War I. The ruling established the "clear and present danger" test, allowing for limitations on free speech during wartime.

Weaknesses of Articles of Confederation

The first governing document of the U.S., it had significant weaknesses, such as no power to tax, no executive branch to enforce laws, and no judicial system to resolve disputes, leading to inefficiencies and economic difficulties.

Advise and Consent

Refers to the Senate's constitutional authority to review and approve presidential appointments (like cabinet members and Supreme Court justices) and treaties, providing a key check on executive power.

Line Item Veto

A power that allows an executive to reject specific provisions of a bill without vetoing the entire legislation; however, the Supreme Court declared this unconstitutional in 1998.

Pocket Veto

An indirect veto exercised by the president by not signing a bill into law within ten days when Congress is adjourned. This prevents the bill from becoming law without an active veto.

Signing Statement

A written declaration made by the president when signing a bill. It may express the president's interpretation of the legislation or outline how they will enforce it, sometimes indicating parts they may challenge.

War Powers Act

A 1973 law aiming to limit the president's power to engage in military action without Congressional approval.