Chapter 4 outline: Federalism
Terms in this set (26)
Power is to be divided between a central government and the state.
A written plan of government
Powers held by the people.
Government is not all powerful. Government is restricted in its exercise of governing power by democracy. The rights of the people in the law.
Separation of powers
Governing power is divided among three separate but coequal branches of the national government.
Enforces and carries out the laws
Makes the law
Defines and applies the law
Checks and balances
Each branch of the national government has the power to restrain the other branches.
The power of the federal courts to determine if an act of government is unconstitutional or Constitutional
Specific powers assigned to the national government by the Constitution such as declaring war
Powers not expressly stated in the constitution but are reasonably suggested by the expressed powers.
Powers that belong to the national government because it is a sovereign state in the world community
Powers that the Constitution does not grant to the national government nor deny to the states. Example: licensing professionals, Speed limits.
Con current powers
Powers that both the national government and the states possess an exercise. Example: collecting taxes, borrowing money to fund the government operations.
Powers that can be exercised by the national government alone. Example: making treaties with the foreign states, taxing imports
To make a treaty/contract/agreement officially valid by signing or giving formal consent
A change or addition to a legal document. Such as the Constitution.
The transfer of power by one person or group to another person or group
Full faith and credit
Article 4, section 1: full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. In the Congress made by general laws prescribe the manner in which such acts, records, and proceedings shall be provided and effect thereof
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
Free exercise clause
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
Prohibits the government from making any law respecting an establishment of religion
The action of extraditing a person accused or convicted of a crime
Our basic civil liberties are: right to free speech, right to bear arms, no on authorized quartering of soldiers, freedom from search and seizure, freedom from self-incrimination, trial by jury, protection from excessive bail, and unlisted rights and powers
Says that the Constitution stands above all other laws. "The supreme law of the land"