Chapter 3 Gov

separation of powers

the division of power among the legislative, executive, and judicial branches of government

checks and balances

used to keep the government from getting too powerful in one branch

article 1

Legislative Branch

article 2

Executive Branch

article 3

Judicial Branch

article 5

Amendment Process

Marbury v Madison

Established judicial review

judicial review

power of the courts to declare laws unconstitutional

federalism

a form of government in which power is divided between the federal, or national, government and the states

Bill of Rights

first 10 amendments that outlines basic rights that all citizens have

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd amendment

Right to bear arms

3rd amendment

No quartering of soldiers

4th amendment

Protection against Unreasonable Search and Seizure

5th amendment

Criminal Proceedings, Due Process, Eminent Domain; Double Jeopardy, Protection from Self incrimination

6th amendment

Right to a speedy trial

7th amendment

Right to a trial by jury in civil cases

8th amendment

No cruel or unusual punishment

9th amendment

Citizens entitled to rights not listed in the Constitution

10th amendment

Powers not given to federal government go to people and States, for anti-federalists

cabinet

A group of advisers to the president

delegated powers

Powers specifically given to the federal government by the US Constitution

expressed powers

powers directly stated in the constitution

implied powers

Powers inferred from the express powers that allow Congress to carry out its functions

reserved powers

Powers given to the state government alone

exclusive powers

powers that can be exercised by the national government alone

concurrent powers

powers shared by the national and state governments

supremacy clause

Constitution is the supreme law of the land, federal law is supreme over state law

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review, appointed by John Adams

federalist 10 issue

the majority view or faction will always win

not favorable federalist 10 solution

get rid of factions and eventually liberty

favorable federalist 10 solution

limit factions since more people in a democracy means more factions, opinions, and representation

Federalist 10 and 51 author

James Madison

Federalist 51

Separation of powers/checks and balances protects against tyranny by james madison

federalist 78

the judicial branch is least dangerous and establishes judicial review

federalist 78 author

alexander hamilton

admission of new states

Congress has the power to admit new states to the Union

federal powers

Declare war, regulate banks, negotiate treaties, interstate commerce

concurrent powers list

taxes, borrow money, establish courts, police force

state powers

public schools, license drivers, ratify amendments, exercise non-federal and non-restricted powers in the constitution