unit 1 Flashcards
Article I
Legislative Branch
Article I, §2
house of reps
Article I, §3
senate
Article I, §4
elections
Article I, §7
bills
Article I, §8
powers of congress
Article II
executive branch
Article III
judicial branch
Article IV
relationships between the states and the relationship between the states and federal government
Article V
amending the constitution
separation of powers
the idea that the federal government could’ve been in one branch, but they feared absolute power so they split them into 3 branches. Introduced in McCullough v. Maryland.
horizontal separation of powers
branches of federal government
vertical separation of powers
states and federal government
where is federalism in the constitution?
Article 1 section 10: there are some things that states can’t do that are left only to the federal government
Article 6 section 2: federal law ultimately is supreme, but its powers are limited
Article 1 section 8: things that the federal government can do
Article 1 section 9: things that the federal government cannot do
Article 2 section 2: things that the president can do
Article 3 section 2: cases that judicial branch can reside over
Article 1 section 4: election clause -> States can generally set up their elections, but the federal government can step in and change them
what things does the ct look at to interpret the constitution?
Text: explicit and deductions
Precedent
The effect of the interpretation (prudential reasoning)
The intent behind the text; the original understanding of the text
Tradition (national ethos)