Review 1 Section 4

Question 1

Federalism

Answer 1

A government that is divided between state and national laws. Authority divided between state and federal governments.

Question 2

Branches of Government

Answer 2

Legislative Branch (Congress): Can override the president’s veto. Can define the jurisdiction of the judiciary. Must confirm judiciary appointees.
Executive Branch (President): Has the power to veto legislation passed by Congress. Can appoint the members of the judiciary.
Judicial Branch (Supreme Court and lower federal courts): Has the power to void the acts of the executive and legislative branches because they are unconstitutional.

Question 3

Checks and Balances (including examples)

Answer 3

A system of checks and balances allows each branch to limit the actions of the other two branches. This system prevents any one branch from exercising too much power.

Question 4

Supremacy Clause

Answer 4

Provides that federal law is the “supreme law” of the United States. Any state or local law that directly conflicts with federal law is void

Question 5

Federal Pre-emption

Answer 5

A doctrine under which certain federal laws preempt (or take precedence over) conflicting state or local laws. In case of direct conflict between state and federal law, state law is invalid.

Question 6

Commerce Clause

Answer 6

“To regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.” This clause prevents states from establishing laws and regulations that would interfere with trade and commerce among the states.

Question 7

First, Fourth, Fifth, Sixth, Eighth, Tenth and Fourteenth Amendments

Answer 7

First: Protects freedom of religion, press, speech, and peaceable assembly
Fourth: Protects citizens from unreasonable search and seizure. Ensures that government issues warrant only with “probable cause”
Fifth: Ensures that government does not put citizens on trial except upon indictment by a grand jury. Gives citizens the right not to testify against themselves (privilege against self-incrimination). Prevents government from trying citizens twice for the same crime (double jeopardy). Creates the right to due process. Provides that government cannot take private property for public use without just compensation
Sixth: Provides the right to a speedy public trial with an impartial jury. Provides the right to know what criminal accusations a citizen faces. Provides the right to have witnesses both against and for the accused. Provides the right to an attorney
Eighth: Provides that government will not set excessive bail. Prohibits government imposition of excessive fines. Prohibits cruel and unusual punishment
Tenth: Provides that powers that the U.S. Constitution does not give to the federal government are reserved to the states
Fourteenth: Prevents states from denying “the equal protection of the laws” to any citizen. Combats discrimination, since it applies whenever government treats certain individuals differently than other “similarly-situated” individuals.