Documents
"How will the Constitution protect the liberty of citizens against the tyranny of the majority?"; "Beware of factions, because they are a violence and threat to liberty. Take care of them by stopping them from forming and limiting their power."
What was Federalist 10?
Congress established second national bank.
States: "The national bank has an unfair advantage and is unconstitutional."
Federal Government: "Bank is constitutional because of implied powers."
Unanimous decision for federal government's side, because "the bank is constitutional because of the Necessary and Proper Clause."
What was McCulloch v. Maryland?
Virginia's plan was a three branch government that reflects state population.
New Jersey's plan was states should be represented equally.
The final decision was to have a Bi-Cameral Legislative branch.
What was the Great Compromise?
This government body makes the laws. It's bicameral, so it has two law-making bodies, each with their own way to vote on legislation.
What is Congress?
Veto: Executive power to reject a bill passed by Congress.
Pocket Veto: A president kills a bill by refusing to sign it. The Congress can override a veto with a 2/3 vote in each house.
Advice and Consent: Congress can provide suggestions to the president for appointments.
Impeachment: An accusation of wrong-doing by a president, federal judge, or other official.
What are Checks and Balances?
"Confederacy of states is better than one central government"; The Necessary and Proper Clause and the Supremacy Clause makes the author think the federal government will crush the state governments; "Too many taxes means citizens will get angry, so the federal and state governments cannot both collect taxes."
What was Brutus 1?
A student brought a gun to school and the state charges were dropped and federal charges were placed on them.
States: "Gun regulation is a state power, the fed. gov.'s connection to commerce is weak, and Congress never had the power to pass this law in the first place."
Federal government: "Guns in schools are related to interstate commerce."
5-4 decision for states, because "If Congress can regulate gun laws in a state, what can't they regulate?"
What was United States V. Lopez?
The Constitution is a "living document" and can be altered.
Process: First, a 2/3 vote to approve by Congress. Second, a 3/4 vote by state legislature.
What is the Amendment Process?
In this part of Congress, the amount of votes on legislation per state is based on state population.
What is the House of Representatives?
The power of the supreme court to review a law and determine if it's constitutional.
What is Judicial Review?
The original US constitution. Placed most power in the states, at the expense of the federal government. US cannot declare war unless a 9/13 vote. For this document to be changed, a unanimous vote was required.
Problems: Inability to tax; no national court system, currency, or military; no regulation between states; each state casts one vote.
Hint: Made the US a confederacy of sovereign states.
What were the Articles of Confederation?
The specific, explicitly stated powers of the federal government found in the Constitution.
What are Enumerated Powers?
Electing a president through states, who decide how to choose electors. The number of electors equals a state's number of members in Congress.
What is the Electoral College?
In this part of Congress, each state gets two votes on legislation, regardless of state population.
What is the Senate?
State powers: education, marriage, health and safety, and police powers.
What are the Reserved Powers?
Article 1: Legislative branch
Article 2: Executive branch
Article 3: Judicial branch
Article 4: Relationship between state government and federal government
Article 5: Process for amending the Constitution.
Article 6: Federal laws are greater than state laws.
What was the Constitution?
The sharing of powers between the national government and the state government.
What is Federalism?
Passed as a result of the 9/11 attacks. Allowed the government to tap phones and seize information that could expose terrorist threats. But, this was a violation of the 4th amendment, especially in Muslim communities.
What was the USA Patriot Act?
Highest court in the US. This court enacts judicial review, or ensuring laws are constitutional.
What is the Supreme Court?
Federal powers: military, foreign diplomacy, currency, and international and interstate commerce.
What are Exclusive (Delegated) Powers?
"How do we create a government that has the power to protect liberty, while at the same time, doesn't have enough power to restrict freedom?"
Solution: Checks and Balances
What was the Federalist No. 51?
Powers not specifically stated in the Constitution but are deemed necessary and proper.
What are Implied Powers?
States determine standards that are federally approved; focused on disadvantaged schools. Is this a protection of civil liberties or an overreach of federal power?
What was the Race to the Top?
Impoverished farmers in Massachusetts rebelled against state taxes; demonstrated that a weak federal government didn't work.
What was Shay's Rebellion?
Share powers between state and federal governments: Taxing, operating courts, and improve lands.
What are Concurrent Powers?