Chapter 2 Flashcards
Parliamentary
No separation of powers because prime minister is a member of parliament
No division of powers-only have national govt
Our constitution is
The oldest
One of the shortest
Most adaptable -many countries rewrite their constitutions, one of the best things about our const
Presidential
Separation of powers
Policy responsibility is harder to identify
More divided political parties
Less success with comprehensive policies (policies that include many things such as natl health care)
Checks and balances
- Political parties–divided govt
- Greater participation by electorate
- Bureaucratic agencies- EPA-can severely limit parts of laws effects
- Independent reg agencies-check up on Congress’s laws
- Media
- Greater presidential powers
Federalist #10
Warning about factions
States the best way to control factions is with a large republic
Original constitution was less democratic because
Citizens didn’t vote for senate
Limited suffrage, now women or blacks
No election guidelines set up by constitution➡️left up to the states
Constitutional interpretation
•1790s➡️who was supposed to interpret?
Jefferson and Madison argued that it should be up to the states➡️➡️➡️STATE COMPACT THEORY
Marbury vs Madison
1803
Marshal essentially said because I just used judicial review the supreme courts job now includes judicial review
CREATED JUDICIAL REVIEW FOR JUDICIAL BRANCH
McCulloch vs Maryland
1819
Involved the natl bank which Maryland was trying to tax
Necessary and proper➡️could congress create natl banks
Supremacy➡️state vs federal
Necessary and proper fits so bank is good and therefore by supremacy the states can’t counteract it
IMPLIED POWERS
Implied powers
Came out of the McCullough vs Maryland decision
Implied powers must be directly tied to expressed powers
Voting rights amendments
15(vote despite race) 17 (vote for senate) 19(women vote) 23 (DC electoral votes) 24 (no poll tax) 26 (voting age 18) Voting rights act of 1965
Originalism
Founders’ words/meanings
Narrow limited interpretation of constitution
Adaptive/modernism
Opposite of Originalism
Interprets constitution through 21st century eyes
Impeachment
Sometimes is politically motivated
Impeached➡️Clinton and Andrew Johnson
Executive order
Law like without need of congress➡️subject to judicial review
Informal amendment
Executive agreement
Treaty without need of senate
Informal amendment
Not in constitution
Executive privilege
Not in constitution
Informal amend
President can keep secrets from congress
Began with Washington
Impoundment
Statement by president to with hold money
Nixon did it a lot
Budget and impoundment control act➡️made it very hard for pres to do impoundment
Customs/usage
Changed govt or the way the govt runs
without laws
Ex cabinet–just cause Washington had one
Formal amendment process
To propose
2/3 state conventions
2/3 congress➡️only one that has been used
Reasons why state conventions aren’t generally used to propose amendments
No set rules for conventions
No changing the amendment
Citizens are involved who have no political pressure
To ratify formal amendments
3/4 state legislators➡️used to ratify 26 amendments
Or
3/4 state conventions➡️used for amendment 21 (repealed prohibition)