Government test 3 Flashcards
contrary to constitutional provisions and so illegal, null and void
unconstitutional
system of overlapping the powers of the three branches to check the actions of the other branches
checks and balances
a system of government in which a written constitution divides power between the central or national government and several regional governments like states
federalism
the power of the courts to decide what the constitutional means
judicial review
a pact made by the president directly with the head of a foreign state that does not require senate consent
executive agreement
a change or addition that becomes part of the written language of the constitution
formal amendment
an unwritten rule where the senate would reject a presidential appointment under certain circumstances
senatorial courtesy
a formal agreement between two or more sovereign states
treaty
those powers that can be exercised by the national government alone
executive powers
those delegated powers of the national government that are suggested by the necessary and proper clause needed to carry out the expressed powers
implied powers
basic principle of federalism in which government powers are divided between the government and the 50 states
division of powers
those powers that the constitution does not grant to the national government and does not deny to the states
reserved powers
powers the constitution is presumed to have delegated to the national government because it is the government of a sovereign state
inherited powers
those powers that both the national government and state posses and exercise
concurrent powers
those delegated powers of the national government that are expressly stated in the constitution, aka the “enumerated powers”
expressed powers
formal agreement entered into with the consent of congress, between or among states, or between a state and a foreign state
interstate compacts
a congressional act that directs the people i a U.S. territory to frame a proposed state constitution, 1st step toward admission to the union
enabling act
what are the three main part to the constitution?
Preamble, Articles, Amendment
what did the first three articles of the constitution do for out government?
separated powers of the government among the three branches
Name Three goals the framers had when creating the constitution?
establish justice, domestic tranquility, promote General welfare
why was the case of Marbury vs. Madison so important?
gave courts power of judicial review, put courts on a more equal playing field
describe one execute check
president has veto power
describe one judicial check
declare executive acts unconstitutional
describe one legislature check
create lower courts
what is the subject of article 5
sets out the ways in which we can form the constitution, formal amendment process
describe the two ways an amendment can be proposed, and the two way an amendment can be ratified
Proposed: congress 2/3 vote, national convention 2/3 vote
Ratify: by convention in 3/4 of states, by 3/4 of the state legislatures
why is the amendment process an excellent example of federalism?
state and national government work together to pass an amendment
give one example of basic legislation
set up the executive branch for president and vice president
give one example of executive action
use of executive agreement
give one example of court decisions
power to interpret laws
give one example of party practices
how we nominate President and Vice president
give one example of custom
senatorial courtesy
what was the framers main goal with federalism?
create a stronger national government presence, powers of the state
what is the “dual effect” of federalism?
two levels of government with own authority, operate same time over same group of people
what constitutional guideline gives congress its implied powers?
10th amendment
what happened in the case of McCulloch v. maryland
-state of maryland was taxing a U.S. federal bank -McCulloch was a bank manager, refused to pay, fed gov immune to state taxes
-McCulloch was convicted for tax evasion
-supreme court reversed conviction, fed gov immune to state taxes
-first state to test supremacy clause
what the three National government obligations to the state?
- guarantee a republican/ representative gov
-respect territory of every state
-protect each state for invasion and domestic violence
what is the only restriction placed on Congress when admitting states?
can’t take territory from existing states without consent
what is said to be the best example of cooperation between the national gov and the states?
grand-in-aid-programs
what is required by the Full Faith and Cred Clause?
FFCC shall be given in each state to the public act, records, and judicial proceeding of each state
what caused the exception to the FFCC in the case of Williams v. North Carolina?
did not establish residence in state of Nevada
what is the purpose of he Privileges and Immunities Clause?
states can’t draw unreasonable distinction between its residents and residents of other states
what is the purpose of the extradition clause?
fugitive form Justice in one state can be returned to that state
