Vocab
Rule of law
Everyone is subject to the consequences of the law, including the government. (No one is above the law)
Federalist #10
Advocated the need for a central government to prevent factions
Federalists and anti-federalists
For the constitution and a strong central government
Against the constitution and wanted a strong state government
Article 1
Creates legislative branch, senate and house
First and Second Amendment
Freedom of speech, religion, press, assembly, and petition the government
Right to bear arms
Limited government
A government's power is legally limited by something (United States - Constitution)
Brutus #1
Advocated that a strong central government will inevitably lead to the states losing power and rights
Checks and balances
Law and policies put in place so not one branch is more powerful than the other
Article 2
creation of the executive branch
Third and Fourth Amendments
Prevent quartering
Prohibits unreasonable search and seizure
Economic Equality
Everyone has equal opportunity to the economy or equal access to resources
Marbury v Madison
Established judicial review, giving the Supreme Court the power to declare laws unconstitutional
Define expressed, implied, and inherent powers
Expressed powers are specifically stated in the constitution
Implied powers are not directly stated, but are necessary to act out the expressed powers
Inheret powers are not stated at all, butare necessary to act out implied powers
Article 3
Creation of the judicial branch, supreme court and congress
Fifth and Sixth Amendments
Right to a grand jury, protection against double jeopardy and self-incrimination, and right to due process (rights in criminal cases)
Guarantees the right to a speedy and public trial
Annapolis Convention
Convention to address weaknesses of the Articles of Confederation. Ultimately unsuccessful due to the attendance of only five states, leading to an all-state convention in Philadelphia to address these problems
McCulloch v Maryland
Established the principles of implied powers for congress and federal supremacy over state laws with the creation of the national bank
Examples of expressed powers from every branch of government
Draft and pass laws, collect taxes, declare war, confirm presidential appointment, impeach
Executive
Enforce public policy, negotiate treaties and appoint ambassadors, grant pardons, and issue executive orders
Judicial
Interpret the constitution and federal laws, assess constitutionality of laws and gov. actions
Article 4
Establishes the relationship between states and the federal government. Ensures citizens are treated equally across all states
Seventh and Eighth Amendments
Guarantees the right to a jury trial in certain civil cases
Prohibits excessive bail and fines (cruel and unusual punishment)
Examples of inherent powers
National security, foreign policy, immigration, acquiring territory, crisis management
United States v Lopez
Examples of implied powers
Creation of the national bank (to regulate taxes), establishment of a military draft (to form an army), and a federal minimum wage (to regulate interstate commerce)
Article 5
Process of making or changing an amendment that is with a convention requiring a 2/3 vote from the house and senate or a national convention requiring 2/3 of state legislatures
Ninth and Tenth Amendments
States that people have rights beyond those listed in the Constitution
Claifies that any power not given to the federal government, nor withheld from the states, are reserved to the states or the people at large