Ap Gov

Federalism

A principle reserving separate powers to the national and state governments.

Separation of powers

A principle separating the three branches of government; division of government authorities.

Amendment

A change or addition to a constitution.

Enumerated powers

Powers granted directly to Congress in Article I, Section 8 of the Constitution.

Bill of attainder

A law that would declare a person guilty of a crime without a trial.

Checks and balances

Power of the branches of government to block acts by the other two branches.

Ex post facto law

A law that would declare an act criminal after the act was committed.

Judicial review

The power of the courts to declare acts of the legislature and of the executive unconstitutional.

Emolument

Salary or monetary compensation.

Double jeopardy

Being charged twice for the same crime.

Writ of habeas corpus

A court order requiring authorities to show cause for a person's detention.

Reserved powers

Powers that are not granted to the federal government and are reserved for the states.

Delegated powers

Powers specifically granted to the federal government by the Constitution.

Concurrent powers

Powers shared by both the federal and state governments.

delegated powers

Declaring war, coining money, imposing tariffs, regulating interstate and foreign trade, capturing and punishing pirates

reserved powers

determining education policy and regulating intrastate trade

punishing criminal suspects and imposing taxes

concurrent powers

Madison saw factions as inevitable due to the nature of man: people will continue to form alliances with people who are most similar to them and they will sometimes work against the public interest. The problem in controlling factions is that it would threaten liberty and give every citizen the same opinions, the same passions, and the same interests.

Why did Madison advocate for many factions in Federalist #10? What would be the problem of trying to control factions? 

What are three ways Brutus saw the new Constitution as a danger to the people?

1. States would “dwindle away” as the federal government would have the power to collect state taxes to fund itself; therefore states would be unable to fund themselves. 

2. The judicial branch would derive state courts of their respective powers and their dignity as state judges. 

3. A large republic would result in a large Congress (House of Representatives); therefore a large federal government could become tyrannical. 

1. The positions of each branch of government is not appointed by another branch. (President → Electoral College; Congress →the people) (Judicial is appointed by the President b/c the position is permanent). 

2. Financial independence is established as salaries for officials in each branch are protected. (Congress cannot lower the President/Supreme Court’s salary, but they can raise it; Congress can raise/diminish their own salaries). 

3. A bicameral legislature is established in Congress, thus preventing an overly powerful legislature.

In Federalist # 51, What are three ways Madison argued that the Constitution protected citizens from the excesses of government power?

• It was unnecessary as the Constitution already contained a number of provisions which favor particular privileges and immunities. Hamilton believed that the Bill of Rights was dangerous as defining certain rights vaguely would leave them subject to misinterpretation or violation, where previously no such power had existed. Moreover, some important rights would be left out and therefore endangered

Why did Hamilton say that a Bill of Rights was unnecessary, even dangerous in Federalist #84

1. Writ of habeas corpus may not be suspended (except during invasion or rebellion).

2. No bill of attainder may be passed by Congress or the states. 

3. No ex post facto law may be passed by Congress or the states.

Identify three rights guaranteed in the original Constitution, before the Bill of Rights.

• The Bill of Rights was necessary as it limited the power of the federal government.

1. 4th Amendment - protects against unreasonable search and seizure

2. 5th Amendment - protects against self-testimony (“I plead the 5th”), being tried twice for the same crime, and the seizure of property under eminent domain

3. 6th Amendment -  the rights to a speedy trial, trial by jury, and to the services of a lawyer. 

Why was a Bill of Rights seen as necessary? Identify three ways the Bill of Rights protects the rights of those accused of a crime 

1. ¾ of the state legislatures approve it. 

2. Ratifying conventions in ¾ of the states approve it.

Two ways to ratify an amendment

1. ⅔ of both houses of Congress vote to propose an amendment. 

2. ⅔ of the state legislatures ask Congress to call a national convention to propose an amendment. 

Two ways to propose an Amendment

What are the most common ways to propose and ratify

• ¾ of the state legislatures approve it.

• ⅔ of both houses of Congress vote to propose an amendment. 

• The Constitution can be changed through Supreme Court Rulings (judicial review) if judges deem something unconstitutional. Legislation can further attempt to limit the powers assigned to a branch (ex. War powers Act)

How else can the Constitution be “changed”, not formally by Amendment, but by other procedures?

1. Make the system more democratic - replace the electoral vote with the popular vote. 

2. Increase cooperation b/w Congress and the President by reducing the separation of powers - allow the President to appoint members of Congress to his Cabinet. 

3. Limit judicial appointments to fixed terms. Would increase checks and balances, as every President would be guaranteed a Supreme Court appointment. 

4. Make federalism more efficient by combining the division of powers. Ex: FBI, NYS Police, NYPD.  States would disagree.

5. Combat the problem of elitism by imposing term limits for members of Congress.  

What are some ways that could be done to make the government run more efficiently? How might this impact separation of powers?