GOV TEST 3&4

Formal Methods:

  1. Congress proposes (⅔ vote) and states ratify (¾ vote)

  • Federalism (Division of power between government and states)

  • 26/27 were done this way

  1. Congress proposes/ Conventions ratify

  • Only 21st

  • To take away prohibition


Informal Methods:

  1. Congress - can passing laws

  2. President - executive agreements (instead of formal treaties)

  • Executive Action

    • Uses power as Commander-in Chief to send in troops, bypasses Congress and its power to declare war

    • Favors executive agreements with other countries; bypasses Senate and its power to approve treaties (Handshake)

  1. Courts - Decide if government actions are constitutional

  2. Political Parties - Can informally shape what the govt. Does

  • Appointments are made based on party politics. Ex. Republican president will appoint a conservative to the Supreme Court

  1. Customs - Many customs develop that are not mentioned in the constitution.

  • The President's Cabinet developed through custom; the Constitution doesn’t provide for it. Ex. No Third Term

  • “Senatorial Courtesy” - Senate would not approve a federal judicial nominee in California if California’s Democratic senators did not find them acceptable.

Popular Sovereignty: 

Meaning: National government draws power from the people, who are the only source of power

Reason: The government should only exist to benefit the people, and the power should be in the hands of the people

Example: People can vote, women can vote, human rights

Limited Government:

Meaning: Government only does things that people give it the power to do, Government must obey laws (constitutionalism)

Reason: Government should never be more powerful than the people

Example: President is not above the law, can’t interfere with people’s privacies

Separation of Powers:

Meaning: Separate branches of gov. (Judicial, executive, legislative), limits powers of government

Reason: No one branch of gov has all the power

Example: Laws go through legislative and executive branch

Checks and Balances:

Meaning: Branches of government are ties together, constitutional becks by each branch between all branches, compromises

Reason: Each branch makes sure the other branches do not become too powerful

Example: Court keeps president in check from abusing power, court checks laws made by legislative branch, branches check one another

Judicial Review:

Meaning: Supreme court’s power to determine constitutionality of govs actions/laws, determines “unconstitutional”

Reason: Allows Supreme Court to decide if laws are constitutional or not

Example: Supreme court rulings, constitutional right

Federalism:

Meaning: Division of power among a central government and multiple regional governments, a division of federal government and states

Reason: Central power does not control all power in the nations, states have power reserved to them

Example: Federal government can’t force state governments to implement policy, power is reserved for the states


Federalism: Division of power between the national government and the states. 

Delegated Powers: Powers specifically given to the National Government by the Constitution

  • Expressed Powers: “enumerated powers”, expressly stated (Lay and collect taxes, coin money, declare war)

  • Implied Powers: “Elastic Clause”, suggested by the Constitution, but not explicitly stated. “Necessary and proper” clause allows this stretch. (Building a highway system, punish crimes)

  • Inherent Powers: Powers that belong to the National Government because it is a sovereign state. (Regulate immigration, acquire territory, protect govt. From being overthrown)

Reserved Powers: Powers that are reserved specifically to the states (Most of what the government does is done in this way.) 

  • Ex. Police power, marriage age, establishing public schools

  • Powers denied to the states = entering treaties, coining money

Concurrent Powers: Powers that are possessed by both the National Government and State Governments

  • Ex. Levy & collect taxes, define crimes and set punishments, maintain courts, borrow money, build roads


Admitting New States:

  • Asking Congress for admission

  • Framing a state constitution 

  • Popular vote

  • If congress agrees it passes an act of admission

  • President signs

*A new state cannot be created by taking territory from an existing state without its permission


Grants-in-aid: Federal money granted to States or local governments to help them perform everyday functions.

  • Ex. Many major state universities were built with public lands given to states

Critics of grants-in-aid: Might argue because it gives too much power to Federal Govt. to operate in areas it would otherwise have no Constitutional authority

  • Ex. education, housing, law enforcement


Interstate Relations: Key provisions in the Constitution promote cooperation between and among the states

Interstate Compacts: States may enter into agreements among themselves

  • Ex. States can share law enforcement data, coordinate development of conservation resources


Full Faith & Credit Clause: States must honor each other's laws and court decisions, one state may not enforce another state’s criminal laws

Extradition: The legal process by which a fugitive from justice in one state can be returned to that state.

Privileges & Immunities: No state can discriminate against someone from another state

  • Can charge higher college tuition, but cannot give preference to local residents for jobs