Chapter 3 Flashcards

1
Q

Congress

A

was intended to be the primary branch

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2
Q

Separation of power

A

refers to the division of governmental power (legislative, executive, and judicial for example) between institutions but within the same layer of
government.

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3
Q

checks and balances

A

Each branch has checks and balances upon the others such as veto and
appointment power.

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4
Q

Why stagger elections?

A
  • Preserve institutional memory.
  • Inhibit radical shifts in ideology from elections.
  • Stagger reelection concerns.
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5
Q

Bill of Rights

A
  • First 10 amendments to the Constitution

* First 9 are generally for people, 10th is discusses the rights of states.

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6
Q

9th amendment

A

shouldn’t take the rights spelled out in these Amendments as exhaustive or fixed.
- This protects against future arguments that would limit the interpretation of
existing rights or even block all future rights claims.
- Think about privacy rights here as a good example.

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7
Q

10th amendment

A

states rights.

  • The document didn’t cover everything so to placate the states rights group the 10th amendment promises that any power not granted to the federal government remains a state right.
  • Think about education as a good example of a classic states rights issue.
  • This protects the states against encroaching Federal authority.
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8
Q

Federalism

A

a system of government in which power is divided and/or shared between differing levels. (ie local, state, national).

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9
Q

Unitary

A

British type system with strong central government holding all power from national to local.

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10
Q

Confederal

A

Opposite extreme of above, states and/or local governments hold majority of power. (think European Union or United Nations).

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11
Q

Federal

A

A mixture of the two above systems with powers shared between the national and local units of government.

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12
Q

Dual Federalism

A
  • The so-called “Layered Cake” Federalism

* Separate spheres of influence for each level

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13
Q

Cooperative Federalism

A
  • The so-called “Marbled Cake” Federalism

* Each level can cooperate on the same subjects, they have concurrent powers.

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14
Q

enumerated powers

A

Constitution gives power to the national government via enumerated powers:
• Necessary and Proper Clause
• Supremacy Clause

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15
Q

Necessary and Proper Clause:

A

Congress is allowed to pass laws necessary and proper to fulfilling its role and exercising enumerated powers

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16
Q

Supremacy Clause:

A
  • National laws will take precedent before state laws.
  • Nullification (ie states disregarding laws that they don’t agree with) has been found unconstitutional and ended via a civil war.
17
Q

Devolution

A

The practice of shifting power back to the state governments.