Constitutional Principles
This Constitutional principle is a design of government in which each branch has powers that can prevent the other branches from making policies.
Checks and balances
Powers granted in the 10th amendment are reserved for this level of government.
States
The right to freely express yourself is reserved under this amendment.
1st Amendment - Freedom of Expression
-The process for choosing electors for the Electoral College
-Make treaties
-Appoint Ambassadors
Article 2 - Executive Branch
a form of federalism in which states and the national government operate independently in their own area of public policy.
Dual Federalism
This constitutional principle is a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own.
Separation of powers
Powers granted to both states and federal government in the Constitution.
Concurrent Powers
A right to:
-a speedy and public trial
-know what you are charged with
-a lawyer (or one provided for you if you can't afford one)
6th Amendment
It requires:
2/3rd of Congress to Propose and
3/4 of States to ratify (or the other way around first)
Article 5 - Amendment Process
The federal government's use of grant said to influence policies in the states.
Fiscal Federalism
A theory of governance in which the government only has those powers delegated to it by law, often through a written constitution.
Limited Government
Powers not given to the national government, which are retained by the states and the people.
Reserved Powers
To not be tried for the same charge twice (aka Double Jeopardy)
5th Amendment
It grants Congress the power to create the lower federal courts.
Article 3 - Judicial Branch
federal requirement the states must follow without being provided with funding.
Unfunded mandates
Established by Marbury v. Madison, this ability of the Court to declare a Legislative or Executive act in violation of the Constitution.
Judicial Review
Authority of the federal government that goes beyond its expressed powers; powers not granted specifically to the national government but considered necessary to carry out the enumerated powers.
Implied Powers
No unreasonable search and seizures, must have probably cause, or warrant-must be specific.
4th Amendment
In Article 1, name 2 important clauses that provide federal government expansive powers over states.
Commerce Clause
Necessary & Proper Clause
federal money provided to states to implement public policy objectives.
Grant-in-aid
The idea that the government's right to rule comes from the people.
Popular Sovereignty
powers specifically granted to a branch of the government in the Constitution
Expressed or Enumerated powers
"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."
10th Amendment
This article requires states to recognize each other's certifications, legal documents, etc.
Article 4
The authority to manage social welfare programs was transferred by the federal government to states. This is an example of...
Devolution