Unit 1B Flashcards
Separation of Powers
a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate
Checks and Balances
provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful
Bicameralism
the practice of having two legislative or parliamentary chambers
Federalist 51
addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government
Article V Amendment Process
Article V says that “on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification
Expressed Powers
the powers of the national government explicitly listed in the Constitution
Concurrent Powers
powers that are shared by both the federal government and state governments
Reserved Powers
powers that are not specifically granted to the federal government by the Constitution
Implied Powers
powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to execute the powers
Necessary and Proper Clause
congressional power encompasses all implied and incidental powers that are conducive to the beneficial exercise of an enumerated power
10th Amendment
says that the Federal Government only has those powers delegated in the Constitution
Supremacy Clause
establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions
Commerce Clause
gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce
McCulloch v. Maryland
the court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy”
U.S. v. Lopez
Lopez, 514 U.S. 549 (1995) Gun possession is not an economic activity that has any impact on interstate commerce, whether direct or indirect, so the federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause