Executive
Article of the Constitution that outlines the power of the executive branch and president
Article II
Article of the Constitution that outlines the power of the legislative branch
Article I
Article of the Constitution that outlines the judicial branch
Article III
this is implied but not expressed in Article III; power granted to the Court by Marbury v Madison
judicial review
allows Congress to do what it needs to do to perform its enumerated powers
Necessary and Proper Clause
name as many expressed powers of the President as you can
sign legislation, commander-in-chief of the armed forces, appoint ambassadors Justices and cabinet members, make treaties, grant pardons, etc
List as many Congressional checks on the presidency as you can
impeachment, override veto, approve/deny appointments, declare war, approve budget
What is the entire purpose of the Court?
interpret the Constitution
state legislatures
allows Congress to regulate trade between states and between the US and foreign countries
Commerce Clause
name as many inherent/statutory powers of the president as you can
signing statements, executive orders, executive agreements, executive privilege, emergency powers
Name 3 checks the legislative branch has on the Judiciary
impeachment, deny appointments, constitutional amendments
What is judicial activism vs judicial restraint?
Activism is the Court's willingness to overturn laws and step away from precedent (overturn stare decisis)
Restraint is limiting the Court's power and not overturning things unless absolutely necessary; letting the decision stand
List as many places as possible where slavery is directly or indirectly mentioned in the Constitution
runaway slave clause, 3/5 compromise, 13th Amendment, 15th Amendment
5th and 14th Amendments, neither the state nor federal governments can deny people "Life Liberty or property" without following established laws and procedures
due process clause
though the President isn't supposed to control Congress or draft legislation, they can influence Congress because they are considered to be the-
head of their party
Explain the process of a bill becoming a law
Bill is presented, goes to committee where it's refined, taken before the House, if it fails it goes back to committee but if it passes it goes to the Senate
If it the bill passes through the same process in the Senate and both Houses agree on a final version, it's sent to the president to be signed into law
When justices use their decisions to create new laws or overturn government actions in a way that essentially creates new public policy; argued to be an example of judicial activism but critics call it
legislating from the bench
Give me a timeline of suffrage in the US
white men who owned property -> all white men -> African American men but not really -> all women but not really -> African Americans for real this time -> Native Americans
the federal government is supreme over the state governments
supremacy clause
Powers that are shared between multiple branches of gov't are called
concurrent powers
List as many implied and expressed powers of Congress as you can
Implied: create Federal Reserve, punish tax evaders, regulate the sale of certain things, the draft, establish minimum wage, regulate banking
Expressed: collect taxes, raise revenue, declare war, raise an army, regulate commerce, mint currency, create laws, approve appointments, impeachment, create post offices
What recourse do people have when they dislike or disagree with a Supreme Court ruling?
a constitutional process would be to create a new amendment
the President could, theoretically, refuse to enforce the law/ruling and Congress could theoretically refuse funding for any changes. Theoretically.
Time could pass and a similar case could be brought to the Court and they might rule differently due to a different Constitutional interpretation
YOU CAN'T JUST ASK THEM TO RECONSIDER
elected officials are only supposed to be able to serve while they meet this vague standard
"good behavior"
what is another name for the necessary and proper clause?
elastic clause