Separation of Powers- AP GOV

Congress

Can declare war, collect taxes and tariffs, regulate trade(interstate and foreign), coin money, establish post offices, create courts, and establish the number of justices on SCOTUS.

Judicial Branch

Members of this branch are appointed by the Executive and legislative branches and is the least democratic and gives access to the pubic. This branch reviews the law(criminal), execute interpretation(criminal/procedural) and interprets the law(civil). This branch is the most observant

John Locke

5th amendment derived from _______________. Government forms to guarantee life, liberty, and property

Jefferson Bible

A cut and pasted the "human" stuff in the __________________ bible

Bond v. United States (2014)

A follow-up to the Supreme Court's 2011 case of the same name. In the 2011 case, The Court reversed the Third Circuit, and concluded that individuals as well as states can bring a Tenth Amendment challenge to federal law. The case was remanded to the Third Circuit for a decision on the merits, and the Third Circuit again ruled against Bond. On appeal, the Supreme Court reversed and remanded again, ruling that the Chemical Warfare Act (CWA) did not reach Bond's actions, and that she therefore could not be charged under that federal law. Background: Carol Anne Bond is a microbiologist from Lansdale, Pennsylvania. In 2006 Bond's best friend became pregnant. When Bond discovered that her husband was the child's father, she attempted to poison her former friend by putting organoarsenic and potassium dichromate on the woman's door knob. Bond was caught, and was convicted under the CWA. In her appeal, she argued that applying the chemical weapons treaty to her violated the Tenth Amendment. The Court of Appeals ruled that Bond lacked standing to make a Tenth Amendment claim. On appeal, the Supreme Court reversed, stating that individuals can bring Tenth Amendment claims. The Court then remanded the case for the Third Circuit to decide the case on the merits. On remand, the Third Circuit found that "because the Convention is an international agreement with a subject matter that lies at the core of the Treaty Power and because Holland instructs that 'there can be no dispute about the validity of a statute' that implements a valid treaty, we will affirm Bond's conviction." Bond again appealed to the Supreme Court, asking the court to overrule Holland, or to alternately find that her actions were not covered by the CWA. The case attracted a great deal of attention, with U.S. Solicitor General Donald Verrilli arguing for the Government and former General Paul Clement arguing for Bond. Senator Ted Cruz wrote an essay for the Harvard Law Review's blog urging the Court to overturn Bond's conviction.

U.S. Constitution

A form of safety formed by government to social contract This is an example of colony of NY

Social Contract

Balance between the need for government in people's rights and the need for government to provide safety. This makes everything a complicated mess no matter what level. When something is gained, something is also lost in the _______________ ____________________. Both parts of this is accomplished, then peace is achieved.

Deism

Belief in a creator

Checks and Balances

Counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups.

Article Two

Created the Executive Branch through the President, Vice President, and others(no mention of a cabinet)

Article Three

Established the judicial branch through the Supreme Court and lower courts

Embargo Act of 1807

Example of regulation of trade; FAILED ACT Law passed by the United State Congress and signed by President Thomas Jefferson on December 22, 1807. It prohibited American ships from trading in all foreign ports. ... In 1806, France passed a law that prohibited trade between neutral parties, like the U.S., and Britain.

Senate

Jurors in an impeachment trial, ratifies treaties and president appointments

Montesquieu

Limited government power through divied responsibility ; Governmental power divided in responsibilities; Government can only have power when absolutely necessary(our 3 branches). Colony of Virginia

2 Branches

No action can take place without the approval of ___ _____________________? Presidential Pardon is the exception

Separation of Powers(federal power)

Refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

Anti-nobility

Rise of the commoner and rule and law; government through consent and divine right of power

Roman Senate

The US Senate is modeled similar to?

The Enlightenment

The first political scientists and the impact pf the British North America. - Non-scientific view like slavery - Divine Right of Power - Justify power - Anti-government

Judicial Review

The power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void. Example: Marbury v Madison(1803)

Jean Rousseau

The social contract and primacy of local power

Executive branch

This branch Interprets and executes the laws (criminal, procedural). This branch is ran by the President and is similar to a Oligarchy. CANNOT DECLARE WAR DUE TO CHECKS AND BALANCES! - Commander-in-Chief - Make treaties but subjected for senate approval! - Call special sessions to Congress if necessary

Legislative Branch

This branch is elected by the people that creates laws on criminal, procedures, and civil, the number of members changes with new states. - 435 members *This is like the democratic/republic branch of the United States

Article One

This establishes the legislative branch through congress

Judges hold there positions for life because?

To avoid being influenced by politics and so they can make unpopular decision without any fear of reprisal.

The House

Vote to impeach, and start revenue bills

Spirit of the Laws(1748)

Wrote by Montesquieu that advocated for 3 branches of government

Members of Congress

_____________ __ ______________________ cannot serve in Congress and hold a position of the Executive branch