Chapter 3 Flashcards
Congress
was intended to be the primary branch
Separation of power
refers to the division of governmental power (legislative, executive, and judicial for example) between institutions but within the same layer of
government.
checks and balances
Each branch has checks and balances upon the others such as veto and
appointment power.
Why stagger elections?
- Preserve institutional memory.
- Inhibit radical shifts in ideology from elections.
- Stagger reelection concerns.
Bill of Rights
- First 10 amendments to the Constitution
* First 9 are generally for people, 10th is discusses the rights of states.
9th amendment
shouldn’t take the rights spelled out in these Amendments as exhaustive or fixed.
- This protects against future arguments that would limit the interpretation of
existing rights or even block all future rights claims.
- Think about privacy rights here as a good example.
10th amendment
states rights.
- The document didn’t cover everything so to placate the states rights group the 10th amendment promises that any power not granted to the federal government remains a state right.
- Think about education as a good example of a classic states rights issue.
- This protects the states against encroaching Federal authority.
Federalism
a system of government in which power is divided and/or shared between differing levels. (ie local, state, national).
Unitary
British type system with strong central government holding all power from national to local.
Confederal
Opposite extreme of above, states and/or local governments hold majority of power. (think European Union or United Nations).
Federal
A mixture of the two above systems with powers shared between the national and local units of government.
Dual Federalism
- The so-called “Layered Cake” Federalism
* Separate spheres of influence for each level
Cooperative Federalism
- The so-called “Marbled Cake” Federalism
* Each level can cooperate on the same subjects, they have concurrent powers.
enumerated powers
Constitution gives power to the national government via enumerated powers:
• Necessary and Proper Clause
• Supremacy Clause
Necessary and Proper Clause:
Congress is allowed to pass laws necessary and proper to fulfilling its role and exercising enumerated powers