US Gov Chapter 3/4 test

Gibbons vs Ogden

The Supreme Court, headed by John Marshall, agreed with Gibbons and ruled that the national government had exclusive power regarding interstate commerce and navigation. The ruling took place on Feb. 4, 1824. In Gibbons v. Ogden in 1824, the Supreme Court ruled that under the Commerce Clause of Article 1, Section 8 of the Constitution, Congress had the power to regulate commerce crossing state lines. According to PBS, this ruling included transportation and guarded against conflicting state legislation. Gibbons v. Ogden, case decided in 1824 by the U.S. Supreme Court. Aaron Ogden, the plaintiff, had purchased an interest in the monopoly to operate steamboats that New York state had granted to Robert Fulton and Robert Livingston.

tenth amedment

The Tenth Amendment, or Amendment X of the United States Constitution is the section of the Bill of Rights that basically says that any power that is not given to the federal government is given to the people or the states.

informal changes

The United States Constitution can be changed informally. Informal amendments mean that the Constitution does not specifically list these processes as forms of amending the Constitution, but because of change in society or judicial review changed the rule of law de facto.

executive branch

The branch of federal and state government that is broadly responsible for implementing, supporting, and enforcing the laws made by the legislative branch and interpreted by the judicial branch.

"promote the general welfare"

The concern of the government for the health, peace, morality, and safety of its citizens. Providing for the welfare of the general public is a basic goal of government.

judicial branch

The judicial branch is the part of the U.S. government that interprets the law and administers justice

legislative branch

The legislative branch is the part of the United States government that creates laws. Whenever you read about congresspeople in the Senate or House debating a law, you're reading about the legislative branch: the branch of the government that writes, debates, and passes laws. Making laws can be called legislating

federal obligation 2

-federal government has powers and responsibilities to the people and states -congress has the power to establish provisions for the admission of new states -the federal government must protect the states from invasion or attack -the federal government is obligated to insure each state each state is governed according to the principles of the constitution

marbury vs madison

A case decided by the Supreme Court under Chief Justice John Marshall in 1803. The Court declared unanimously that a certain law passed by Congress should not be enforced, because the law was opposed to the Constitution, Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution,

republican government

A republican government is one in which the political authority comes from the people. In the United States, power is given to the government by its citizens as written in the U.S. Constitution and through its elected representatives.

full faith and credit

Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause", addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."

concurrent powers

Concurrent power is a political power independently exercisable by both federal and state governments in the same field of legislation. It is a power delegated to the federal government by the U.S. Constitution that is also held by the states. It is the power shared by the federal and state governments.

constitutional government

Constitutional government is defined by the existence of a constitution—which may be a legal instrument or merely a set of fixed norms or principles generally accepted as the fundamental law of the polity—that effectively controls the exercise of political power, constitutional democracy. noun. a system of government based on popular sovereignty in which the structures, powers, and limits of government are set forth in a constitution.

expressed powers

Expressed powers are those specifically named in the Constitution. They are sometimes called delegated powers or enumerated powers. Since the Framers envisioned the Congress as the most powerful branch, its powers are most clearly expressed in Article I, Section 8, Those powers of Congress specifically listed in the Constitution

federalism

Federalism is a system of government in which entities such as states or provinces share power with a national government. The United States government functions according to the principles of federalism.

gibbons vs ogden

Gibbons v. Ogden, 22 U.S. 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation.

implied powers

Implied powers are authoritative actions that aren't specifically granted to Congress in the Constitution but are considered necessary to fulfill governmental duties. For example, the Constitution allows Congress to raise an army, which is known as an "expressed power."

limited government

In a limited government, the power of government to intervene in the exercise of civil liberties is restricted by law, usually in a written constitution. It is a principle of classical liberalism, free market libertarianism, and some tendencies of liberalism and conservatism in the United States.

interstate compacts

In the United States of America, an interstate compact is an agreement between two or more states. Article I, Section 10 of the United States Constitution provides that "No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State."

judicial activism

Judicial activism refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint.

judicial restraint

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

McCullough vs Maryland

McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Led by John Marshall, one of the most famous Chief Justices of the Supreme Court, the Court ruled that Congress had the right to establish a bank because of the necessary and proper clause of the Constitution. ... These are part of the implied powers that he argued are given to the federal government in the Constitution. In McCulloch v. Maryland (1819) the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.

McCulloch vs Maryland

Mcculloch V. Maryland (1819) A U.S. Supreme Court case in which Chief Justice John Marshall established that the federal government has "implied powers" to carry out, without state interference, any and all rights given by the Constitution, McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.

popular sovereignty

Popular sovereignty or the sovereignty of the people's rule, is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.

"form a more perfect union"

Prior to its independence, the United States was still a union of states, but "in order to form a more perfect union," the Constitution was created

reserved powers

Reserved powers are defined as powers assigned to the states and the people. The Tenth Amendment of the United States Constitution covers the subject of reserved powers.

denied powers

The Constitution also denies certain powers to state governments. For example, a state cannot make a treaty with any foreign government. States are also prohibited from making money, granting titles of nobility, or making any laws that impair the obligation of contracts.

eleventh amendment

The Eleventh Amendment to the U.S. Constitution reads: The Judicial power of the United States shall not be construed to extend to any suit in law or Equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

"insure domestic tranquility"

The phrase "insure domestic tranquility," which is found in the Preamble to the United States Constitution, refers to the need to keep the peace and the assurance that people can conduct their lives and business without fear of social disorder, rebellions and riots.

preamble

The Preamble to the United States Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles, The Preamble is the opening statement to the United States Constitution. The preamble explains the reasons why the Framers of the Constitution made our government a republic. By doing this, the founding fathers replaced the Articles of Confederation, "Form a more perfect union", "Establish justice", "Ensure Domestic Tranquility", "Provide for the Common Defense", "Promote the General Welfare", "Secure the Blessings of Liberty"

"provide for the common defense"

The Preamble's declaration that the U.S. Constitution was established in part to "provide for the common defense" refers to the authority it grants the federal government to maintain a military for use in defense of the union.

privileges and immunities

The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.

supremacy clause

The Supremacy Clause is a clause within Article VI of the U.S. Constitution which dictates that federal law is the "supreme law of the land",

expressed (enumerated) powers

The powers of the federal government that are specifically described in the Constitution are sometimes called 'delegated' or 'expressed powers,' but most often they are known as 'enumerated powers,' and they describe how a central government with three distinct branches can operate effectively, Section 8 begins the enumerated powers of the federal government delegated to Congress. The first is the power to tax and to spend the money raised by taxes, to provide for the nation's defense and general welfare. This section was supplemented by the 16th amendment, which permitted Congress to levy an income tax,

"establish justice"

The term "establish Justice" in the preamble of the Constitution means to "begin fairness for all."

nationalist position

They believe that the states created the national government and gave them limited powers. The national government is an "agent" of the states.

articles

Together, the articles of the constitution work to establish the branches of the federal government and describe what powers they have, The articles also talk about the separate powers of the Federal and State government, and how to change the Constitution. Article 1: Legislative Branch: the U.S. Congress makes the laws for the United States. Congress has two parts, called "Houses," the House of Representatives and the Senate.

dartmouth vs woodward

Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819), was a landmark decision in United States corporate law from the United States Supreme Court dealing with the application of the Contract Clause of the United States Constitution to private corporations.

elastic clause

a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers

separation of powers

an act of vesting the legislative, executive, and judicial powers of government in separate bodies

amendment

an article added to the US Constitution

checks and balances 2

any example that gives one branch of government power over the other

popular sovereignty 2

any example that mentions "the people" being the source of government power

limited government 2

any example that mentions an amendment showing that the people have some power and that the government's power is limited

federalism 2

any example that mentions both the federal and state government possessing power or any example that singles out a specific state having power

judicial review 2

any example that mentions the supreme court exercising their power over laws falls under this principle

separation of powers 2

any example that specifically gives one branch of a government power

example of federalism

arizona recently passed a law restricting immigration

example of checks and balances

congress must approve any presidential appointment to the supreme court

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.

full faith and credit 2

each state has the obligation to honor the legal documents of every other state

privileges and immunities 2

each state must treat residents of other states equally, allows us to go between states freely

example of limited government

exercising your 5th amendment right to not self-incriminate against yourself in a court of law

example of judicial review

last year, the supreme court ruled a chicago law that restricted people's ability to purchase and own guns in the city of chicago to be unconstiutional

"secure the blessings of liberty to ourselves and our posterity"

make our rights safe so they can't be taken away

extradition 2

provides for the cooperation of the states in return with escaped fugitives

judicial review

review by the US Supreme Court of the constitutional validity of a legislative act

extradition

the action of extraditing a person accused or convicted of a crime

popular sovereignty example

the people elect Mickey Mouse as governor of Florida

example of separations of powers

the president's authority to issue executive orders that have the same affect as law

states' rights

the rights and powers held by individual US states rather than by the federal government.