Constitutional Democracy Flashcards
Federalist No. 10 (Madison)
argues that the development of factions in inevitable in society
Factions
small groups with the same interests fighting for control of the government
Federalism
dividing powers equally between the national and state governments
Federalist No. 51 (Madison)
justifies the need for a separation of powers and checks and balances in the national government
Federalist No. 51 Reasoning
separation of powers would limit the possibility of tyranny in the national government
Federalist No. 71 (Hamilton)
discusses the presidency and outlines what the presidency should look like
Federalist No. 7 Reasoning
the executive branch is characterized by unity, power, and a degree of secrecy - more easily accomplished by one person rather than three
Federalist No. 78 (Either Hamilton or Madison)
discusses the potential power of the U.S. Supreme Court - judicial review
Judicial Review
the power of the Supreme Court to declare laws from congress and acts from the president to be unconstitutional - reviews the constitutionality of acts of the government
Federalist No. 7 Reasoning
judicial review is important because congress controls how much money is spent in the government, and the executive branch controls the military
Brutus No. 1 (Robert Yates)
argues against the ratification of the U.S. constitution; felt that a strong national government would be the enemy of freedom
Brutus No. 1 Proposed Solution
the inclusion of a bill of rights that would protect individuals’ rights and freedoms from government interference
Constitution
sets up the structure of government and a nation’s basic laws
Preamble
the first paragraph of the constitution
Seven Articles of the Constitution
the large sections that outline the structure of the government
27 Amendments
changes to the constitution since its ratification
Article I
creates a congress that is split into two parts and lists its powers and qualifications for office; legislative branch
Article II
establishes a president and vice president and lists the powers and qualifications for office; executive branch
Article III
lists the types of cases the court may hear and outlines the crime of treason; judicial branch
Article IV
relations between the different states; outlines the process for creating new states and dictates that every state should grant a republican form of government
Article V
outlines the process for adding new amendments to the U.S. constitution; two different methods for amendments
Article VI
the constitution, laws, and treaties are the supreme law of the land; forbids religious tests for office and states that the U.S. is responsible for debts accrued under the articles of confederation
Article VII
outlines the requirement for ratifying the constitution; requires nine (9) of thirteen (13) states
Checks and Balances
branches of government are given specific powers that may limit the powers of the other two branches
Purposes of the Executive Branch
- enforces laws
- commander-in-chief of armed forces
- proposes laws
- appoints supreme court justices and federal judges
- pardons those convicted in federal court
Purposes of the Legislative Branch
- passes federal laws
- controls federal appropriations
- approves treaties and presidential appointments
- regulates interstate commerce
- establishes lower court systems
Purposes of the Judicial Branch
- reviews lower court systems
- decides constitutionality of laws
- decides cases involving disputes between states
Executive over Legislative
- veto acts of congress
- call congress into a special session
- interprets laws passed by congress
- vice president can cast a tie-breaking vote in the senate
Legislative over Judicial
- change size of the federal court
- propose constitutional amendments
- reject supreme court nominees
- impeach and remove federal judges
Legislative over Executive
- override presidential veto
- impeach and remove the president
- reject the president’s appointments and refuse to make treaties
- conduct investigations into the president’s actions
- refuse to pass laws or provide funding for the president
Executive over Judicial
- nominates supreme court justices
- nominates federal judges
- pardon those convicted in federal court
- refuse to enforce court decisions
Judicial over Executive
- declare executive actions unconstitutional
- power to issue warrants
- chief justice presides over impeachment of president
