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AP Government Ch. 3
Terms in this set (44)
Seperation of powers
a. A method to limit the effect of majority rule and protect minority rights, proposed by Madison
b. Majority can only truly vote directly for House of Reps
c. Power is shared among 3 branches, influenced by Montesquieu
Acts as enforcer of laws; power is invested in president who is commander-in-chief of armed forces as well as head of state
Makes the laws and changes existing ones; gives executive branch the authority to enforce laws
Interprets the laws/Constitution; and limits the powers of all other branches
Powers of executive branch
To Congress - control appointments, call special sessions of Congress, veto bills
To Supreme Court - nominate judges, grant pardons
Powers of legislative branch
To President - approve appointments, impeach presidents, control appropriation of money, override veto, ratify treaties
To Supreme Court - propose amendments to override judicial decisions, establish lower courts, impeach judges
Powers of judicial branch
To Congress - declare laws unconstitutional
To President - declare president's actions unconstitutional
Checks and Balances
With this system, each branch can limit the powers that the others have, so no one branch can become too powerful
"Each branch checks the powers of the others to ensure that the power is balanced between each of them"
SEE 'SYSTEM OF CHECKS AND BALANCES' PACKET FOR POWERS OF EACH BRANCH
War powers are shared between executive and legislative branches.
Congress - declares war and funds for military (Article I, Sec 8)
President - commander-in-chief (Article II, Sec 2)
Cooperation between the two branches is required
War Powers Resolution (1973)
A federal law intended to check the president's power to commit the US to an armed conflict without the consent of Congress, passed in response to the Vietnam War.
A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension.
System of gov't where nat'l and state gov'ts share some powers, derive all authority from the people, and the powers of the nat'l gov't are specified in a constitution
Type of gov't where the nat'l gov't derives its power from the states; a league of independent states
System where the local and regional gov'ts derive all authority from a strong central gov't
A system of shared power between units of government; decentralizes politics and policies
The belief that having separate and equally powerful levels of gov't is the best arrangement
Modeled as a layer cake
The relations between the national and state gov'ts with the start of the New Deal
Shared costs, federal guidelines, shared administration
Modeled as a marbled cake
Federal/state relationship proposed by Reagan administration during the 80's; hallmark is returning administrative powers to state gov'ts
A program which wanted to scale back the scope of federal government
New judicial federalism
Beginning in the 80's the Supreme Court's willingness to allow Congress to regulate in a variety of areas declined; new justices appointed who were committed to rolling back federal intervention and to states' rights in matters that were believed to be state responsibilities
For specific purposes, more strings attached such as crossover sanctions, crosscutting requirements, and project/formula grants
For specified activities, few strings attached, up to the discretion of the state
National laws that direct state/local gov'ts to comply with federal regulations but contain little or no federal funding to defray the costs of meeting the requirements
Strengthens federalism by stating "Powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states, or the people"
1. Powers given to the federal government
Declare war and make peace
Pass naturalization laws and regulate immigration
Regulate interstate and foreign commerce
Make all laws necessary and proper to carry out constitutional powers
Issue patents and copyrights on original material
Establish post offices and interstate roads
Govern American territories and admit new states
Conduct foreign relations
Coin and print money
Raise and support army
1. Powers reserved to the states
Establish and support public schools
Keep all powers not guaranteed to federal gov't nor prohibited to states
Make marriage laws
Establish local governments
License professional workers
Determine voter qualifications
Regulate commerce within states
1. Powers shared by federal and state governments
Enforce laws and punish law breakers
Provide for the public's general health and welfare
McCullogh v. Maryland (1819)
Court upholds the power of the national government and denied the right of a state to tax the national bank. Broad interpretation of the necessary and proper clause upheld expanding federalism
Gibbons v. Ogden (1824)
Court upheld congressional power over interstate commerce by interpretation of the supremacy clause as monopoly conflicted with federal law; strengthened federalism
Wickard v. Filburn (1942)
Dramatically increased regulation power of federal gov't and set precedent for interpretation of the commerce clause; Court decided that Filburn's wheat-growing activities reduced the amount of wheat he would buy for animal feed on the open market, which is traded nationally (interstate), and is therefore within the scope of the commerce clause; strengthened federalism
US v. Lopez (1995)
Court invalidated a section of Gun Free School Zones Act, ruling that regulating guns did not fall within scope of the commerce clause, and therefore was not under powers of the federal gov't and only states have the power to regulate guns in schools; weakened federalism under commerce clause but strengthened federalism over authority to punish criminals
US v. Morrison (2000)
Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution; criminal proceedings are delegated to state and federal gov't cannot interfere; weakened power of federal gov't/federalism
Obergefell v. Hodges (2015)
Court ruled that fundamental right to marry is guaranteed to same-sex couples by both Due Process and Equal Protection (14th Amd.) clauses; expanded federalism by making same-sex marriage legal in all states
The Framers created a living document that is able to be changed
Can be amended
a. Informally - Supreme Court's interpretation, technology, the changing power of the president
b. Formally - 2 methods of proposal and 2 methods of ratification - must be ratified/proposed by 2/3 of each house, or by 3/4 of state legislatures
Congress should be limited to expressed and few implied powers
Rigid interpretation of Const. with emphasis on literal meaning to check power of gov't
Limit the power of federal gov't, more states' rights
Thomas Jefferson >>> Anti Federalist
Congressional powers can be interpreted broadly; implied powers are granted by elastic clause, strengthened by McCullogh v. Maryland
Free interpretation of Const. based on implied meaning to expand power of gov't
Results in strong federal gov't
Alexander Hamilton >>> Federalist
Powers derived from enumerated powers and the necessary and proper clause that are not explicitly stated but are considered to be reasonably implied through the exercise of delegated powers.
Not written, but indirectly allow for certain gov't powers
Example: the Constitution doesn't say that Congress has the right to establish a bank, but its defenders claimed that one was necessary to carry out the Congress' power to collect taxes.
Example: Social security and New Deal Programs to support welfare
Powers specifically granted to Congress that include taxation, coining money, regulation of interstate/foreign commerce, and the authority to provide a national defense.
Basic, written powers of gov't
Elastic (Necessary and Proper) Clause
Portion of the Constitution that gives Congress authority to pass all laws 'necessary and proper' to carry out the enumerated powers in the Constitution.
Can enact laws to carry out enumerated powers better.
Article I Sec. 8
Between US and head of a foreign nation which doesn't require senate approval (similar to treaty but quicker); usually accepted as implied power of president.
~8000 have been used; example: Obama's Paris Agreement
Rules issued by president to carry out policies established by Congress; ~10000 have been used.
Federal courts can strike them down as unconstitutional.
- Emancipation Proclamation
- LGBTQ+ in military
- 9066 Japanese Internment
- G. Bush's treatment of terror suspects
Implied power/not in Constitution; when the supreme court declares a law unconstitutional.
Established in Maybury v. Madison (1803)
When the court reinterprets the Constitution, usually in a loose constructionist way, going against previous rulings.
- Brown v. Board of Ed (1954) overturned Plessy v. Ferguson (1892)
- Roe v. Wade (1973) legalized abortion
Portion of the Constitution mandating that national law is supreme to all other laws passed by states or other parts of government.
Gov't can override any state laws under authority of Constitution.
Times of Crisis
Expanded power of the federal gov't is often used in times of crisis in exchange for feelings of security.
- Patriot Act
- Executive Order 9066
- Sedition Act of 1919
- Red Scare
THIS SET IS OFTEN IN FOLDERS WITH...
AP Government Chapters 1&2
Ball AP Government unit 4 (judicial)
Ball AP Government landmark court cases
AP Government Terms Review
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