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Government #2

QuestionAnswer
Identify the basic principles of the Constitution Popular sovernignty, checks and balances, limited gov't, federalism, majority rule; minority rights, seperation of powers, and judicial review
What is judicial review? Where does this idea come from? The power of a court to determine the constitutionality of a govermental action. Marbury vs. Madison
How is the Constitution formally amended? Proposed by a 2/3 vote of both houses of congress. Ratified by 3/4 of states.
How many times has the constitution been amended? 27 times
What are the first ten amendments called? Bill of Rights
What is the 22nd amendment? Limits the president to two terms
Besides amendments, what are other ways that the meaning of the Constitution can be changed? Basic legislation, executive actions, court decisions, party practices, and custom and usage
What are executive agreements? A pact made by the president directly with the head of a foreign state.
What are treaties? A formal agreement between two or more sovereign states.
What are examples of unwritten customs Political parties and their practices, and the president's cabinet.
What is federalism? A division of powers, between national and state governments.
What are exclusive powers? Powers given only to the national government(coin money)
What are concurrent powers? Powers given to both the national and state governments(power to tax)
What are reserved powers? Powers reserved for the states(marriage laws)
What do the first three articles of the constitution deal with? The setting up of a new government with three branches. Article one-the congress. Article two-the president and executive branch. Article three-the judicial branch.
What expressed powers are found in article 1 of the constitution? Lay and collect taxes, coin money, regulate foreign and interstate commerce, raise and maintain an army, to declare war, and to grant patents and copyrights.
What is the "necessary and proper clause?" Congress can make laws necessary and proper for executing the foregoing powers. This is the elastic clause and gives the congress implied powers.
What are implied powers? Derived from the elastic clause
What are inherent powers? Understood powers such as regulating immigration and deporting aliens
What are the national's obligations to the states? Guarantee each state a republican form of government, respect for territorial intergrity, protection from invasion, and internal disorder.
How are new states admitted? Application-by area admitting to become a state. Enabling Act-enables them to draw up a constitution and act of admission
What is cooperative federalism? Cooperation between the national government and the states(Federal grants in aid to the state)
What are examples of state aid to the national government? States run elections and naturalize citizens
What are interstate compacts? Agreements between two or more states
What is the full faith and credit clause, and exceptions to it? One state must recognize the legal documents and judicial proceedings of another state.
What is the privileges and immunities clause? One state cannot draw unreasonable distinctions between their own residents and the residents of another state. A reasonable distinction serves some public purpose.
Distinguish between reasonable and unreasonable distinctions? An out of state student may have to pay higher tuition to go to college because his parents don't pay taxes in that state.
What is the supremacy clause? Set's up the 'ladder of laws' U.S. constitution: acts of congress and treaties; state constitutions;state laws;local laws.
What is extradition? A fugitive from a state can be returned to that state.
Created by: Kittycat71194
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