Studied by 11 people
separation of powers
the division of power among the legislative, executive, and judicial branches of government
checks and balances
used to keep the government from getting too powerful in one branch
article 1
Legislative Branch
article 2
Executive Branch
article 3
Judicial Branch
article 5
Amendment Process
Marbury v Madison
Established judicial review
judicial review
power of the courts to declare laws unconstitutional
federalism
a form of government in which power is divided between the federal, or national, government and the states
Bill of Rights
first 10 amendments that outlines basic rights that all citizens have
1st amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
2nd amendment
Right to bear arms
3rd amendment
No quartering of soldiers
4th amendment
Protection against Unreasonable Search and Seizure
5th amendment
Criminal Proceedings, Due Process, Eminent Domain; Double Jeopardy, Protection from Self incrimination
6th amendment
Right to a speedy trial
7th amendment
Right to a trial by jury in civil cases
8th amendment
No cruel or unusual punishment
9th amendment
Citizens entitled to rights not listed in the Constitution
10th amendment
Powers not given to federal government go to people and States, for anti-federalists
cabinet
A group of advisers to the president
delegated powers
Powers specifically given to the federal government by the US Constitution
expressed powers
powers directly stated in the constitution
implied powers
Powers inferred from the express powers that allow Congress to carry out its functions
reserved powers
Powers given to the state government alone
exclusive powers
powers that can be exercised by the national government alone
concurrent powers
powers shared by the national and state governments
supremacy clause
Constitution is the supreme law of the land, federal law is supreme over state law
John Marshall
American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review, appointed by John Adams
federalist 10 issue
the majority view or faction will always win
not favorable federalist 10 solution
get rid of factions and eventually liberty
favorable federalist 10 solution
limit factions since more people in a democracy means more factions, opinions, and representation
Federalist 10 and 51 author
James Madison
Federalist 51
Separation of powers/checks and balances protects against tyranny by james madison
federalist 78
the judicial branch is least dangerous and establishes judicial review
federalist 78 author
alexander hamilton
admission of new states
Congress has the power to admit new states to the Union
federal powers
Declare war, regulate banks, negotiate treaties, interstate commerce
concurrent powers list
taxes, borrow money, establish courts, police force
state powers
public schools, license drivers, ratify amendments, exercise non-federal and non-restricted powers in the constitution
