The Constitution and the Federalist Papers Flashcards
Yates is Brutus
problem of empowerment of the courts, wherever the constitution doesn’t specifically prohibit national government power, the courts will give it that power
Supremacy Clause
Article VI, section two, federal law supervenes or inconsistent state law, implied
Article III
gives power to the courts, courts have power to void things, Marbury v. Madison solidifies
Federalist 10
the primary concern for constructing government is trying to control the violence of faction
Federalist 51
separation of powers, judicial independence, and protection of minority rights
Federalist 33
defense of necessary and proper clause, congress can do not just what congress does but what is necessary and proper to do what was needed for the federal government, continued in Fed 44
Federalist 47
Madison discusses Montisquieu, who talked about blended powers, which means checks and balances separates powers but have to be blended and relate to each other so they can constrain each other
Article II section 1 clauses 2-4
describe the electoral college, Electors are appointed by the state government to vote proportionally to popular vote
Faithless vs faithful electors, voting with popular vote and for candidate vs not
Article 2 section 2 clause 1
president is commander in chief to us military, there can never be an active military officer in control of the military
Senate has advice and consent power for presidential nominations
Article 3 section 2
someone accused of crime has a right to trial by jury
Article 3 section 3
defines treason, making war against the use or giving aid and comfort to the enemies of US
Article IV section one
full faith and credit clause each state must give full credit to laws and proceedings of other states
Article IV section two
privileges and immunities clause, all the privileges and immunities a citizen has in one state, a citizen should enjoy in another state
