Federalism
the division of power across the local, state, and national governments
What is federalism?
A negative or checking power over the other branches that allows Congress to remove the president, vice president, or other "officers of the United States" (including federal judges) for abuses of power.
What is impeachment?
a landmark Supreme Court ruling in 1819 that Maryland did not have the power to tax the Second Bank of the United States and that Congress did have the power to create the Bank under the "necessary and proper" clause and the "supremacy clause"
What is McCulloch vs. Maryland?
The Judicial power is to decide a judgement and carry it into effect between parties.
What is Article 3, Section 1?
Those who favored strong state governments and feared that a strong national government would be a threat to individual rights in the Constitutional Convention
Who are Anti-Federalists?
a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding)
The Supreme Court's power to strike down a law or executive branch action that it finds unconstitutional
Part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the United States are the "supreme Law of the Land," meaning national laws take precedence over state laws if the two conflict.
What is National Supremacy Clause?
The executive power is given to the President, and is followed by the Vice President. Each state is to select a number of Electors. Congress has the power to impeach any any government official.
A concept that defines the legitimacy of the state through the idea that the people recognize the authority of the state to govern over them, and in turn, the government protects the rights and freedoms of the people
What is Social Contract?
responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments
What are concurrent powers?
The landmark in which the Supreme Court for the first time declared that part of a law passed by Congress was unconstitutional and helped establish the Court as an equal player in the system of checks and balances
What is Marbury v. Madison?
Powers explicitly granted to Congress, the president, or the Supreme Court in the first three articles of the Constitution (ie. Congress power to raise taxes and president power as commander in chief)
What are enumerated powers?
Allows for Congress to collect/ manage taxes and money, the buying and selling of products, establish the post office, declare war, support armies, manage the militia, and make/exercise legislation.
What is Article I, Section 8?
A series of 85 essays that promotes the ratification of the Constitution.
What are the Federalist Papers?
a form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants
What is fiscal federalism?
The constitutional power of Congress to raise and spend money and can be used as a negative or checking power over the other branches by freezing or cutting their funding.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people";
What is the 10th Amendment?
The Constitution may be slightly altered. Whenever necessary, the process of changing the Constitution needs a proposed amendment or amendments (whenever two thirds of both houses deem it necessary), and subsequent ratification.
What is Article 5?
The Anti-Federalist Papers is the collective name given to works written by the Founding Fathers who were opposed to or concerned with the merits of the United States Constitution of 1787 and included works from Brutus 1.
What are the Anti-Federalist Papers?
federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies
Part of Article I, Section 8, of the Constitution that grants Congress the power to pass all laws related to one of its expressed powers; also known as the elastic clause.
What is Necessary and Proper Clause?
part of Article IV of the Constitution requiring that states must treat non-state residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states
What is Privileges and Immunities Clause?
Includes the process of taking a new state into the nation and protection of states and citizens through various clauses
What is Article 4?
Compromise between Virginia and New Jersey Plan in which Congress would have two houses: House of Rep based on population and Senate that has 2 per state
What is the Great Compromise?