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Factions
Groups of people with similar interests.
Large republic
Best way to control factions because it dilutes their power.
Energetic executive
Need ONE energetic executive to act quickly, enforce laws, and be accountable.
Judicial branch
Life terms → independent, insulated from politics.
Judiciary
Weakest branch; relies on others to enforce its decisions.
Power of judicial review
The power of courts to assess whether a law is in compliance with the constitution.
Articles of Confederation
Weak central government: no power to tax, no national military.
Unanimous consent to amend
Needed unanimous consent to amend → ineffective.
Supremacy Clause
Federal law > state law.
Necessary & Proper Clause
Congress can create laws needed to carry out enumerated powers.
Commerce Clause
Major source of federal expansion.
Full Faith & Credit
States respect each other's laws/records.
Bill of Rights (1-10)
Know basics: speech, religion, press, bear arms, rights of accused, etc.
14th Amendment
Due process (states must follow fair procedures) and equal protection (no discrimination).
24th Amendment
No poll taxes.
Voting Rights Act (1965)
Removed literacy tests + barriers to minority voting.
4th Amendment Exclusionary Rule
Improperly collected evidence can't be used (Mapp v. Ohio).
Federalism
Power shared between federal + state government.
Concurrent powers
Shared by fed + state (taxes, courts).
Delegated (Enumerated) powers
Written in Constitution for federal government.
Reserved powers
State powers (education, elections).
Exclusive powers
Only federal power (pardon, treaties).
Implied powers
Not written but necessary (McCulloch v. Maryland).
Congress Powers
Make laws, declare war, collect taxes.
Supreme Court Powers
Judicial review and interprets Constitution.
Presidential Powers
Commander in chief, pardons, veto, executive agreements & orders, bully pulpit.
Discretionary Authority
Agencies decide how to enforce rules.
Rule-Making Authority
Agencies create regulations that act like laws.
Speaker of the House
Most powerful in the House of Representatives.
Filibuster
Talking bill to death.
Cloture
60 votes to stop filibuster.
Delegate representation model
Vote how constituents want.
Trustee representation model
Vote based on personal judgment.
Politico representation model
Mix of both delegate and trustee.
Selective incorporation
McDonald v. Chicago; incorporation of 2nd Amendment (due process).
Pentagon Papers
NYT v. US; strengthened free press.
Clear and present danger
Schenck v. US; speech can be restricted if causing this.
One person, one vote
Baker v. Carr; redistricting = justiciable.
Incumbency Advantage
Name recognition, funding, gerrymandering.