Module 2: Constitutional Government
I. Federalism
A. Powers are divided between the state and federal governments
B. Different types of powers
-Expressed or delegated powers: federal powers granted in the Constitution
(example: declare war)
-Reserved powers: state powers (example: education)
-Concurrent powers: powers both the state and federal government have
(example: tax)
-Implied powers: powers not specifically expressed (example: creating an air
force)
C. Mcculloch v. Maryland: Creating a bank was in the power of the Federal
government and states could not tax the bank/federal government
D. Things that impacted the balance of the state and federal government: Great
Compromise, Full faith & credit clause, Civil War, New Deal, NCLB & healthcare
II. Executive & Bureaucracy
A. Carry out and enforce laws
B. President: Commander-in-chief, Chief diplomat, Chief legislator, Chief executive
-leads nation in war, makes treaties, signs and vetoes bills, executes laws
C. The Bureaucracy: Cabinet, White House staff, Independent Regulatory
Agencies, Executive Office of the President
-Independent Regulatory Agencies (example: Central Intelligence Agency)
-White House Staff (example: Chief of Staff)
-Cabinet (example: Department of Education)
-Executive Office of the President (example: National Security Council)
D. Qualifications to become President: 35 yo, US Citizen, Resident for 14 years
E. Succession: Vice President, Speaker of the House, President Pro Tempore
F. 22nd amendment- 2 term limit
III. Legislative Branch
A. House of Representatives
-Based on population- US Census
- 435 members
- 2 year terms
-leader: speaker house of the house
- Duties: start all revenue bills & impeach high officials
B. Senate
-2 per state (equal representation)
-100 members total
-6 year terms
- leader: Vice President & President Pro Tempore
- Duties: approve treaties & Presidential appointments, conduct trials for
impeachment
C. Law-making process
D. Committees
- Conference: Both houses settle differences between similar bills
- Joint: Members of both houses address important issues and make
recommendations to Congress
- Standing: Bills are usually referred to these permanent committees
- House Rules: House only sets rules for debate/amendments for particular bills
- Ad-Hoc: Temporary for a specific reason
IV. Judicial Branch
A. Jurisdiction: authority to hear a case (state or federal)
B. Federal judges: appointed by President, no term limits
C. Judicial review: Power to look over laws to determine if they are constitutional
or unconstitutional
D. Loose interpretation (judicial activism): When courts follow a looser
interpretation of the law and make decisions with relatively less regard to earlier
courts and government views
E. Strict interpretation (judicial restraint): When courts follow a more strict
interpretation of the law, which means it is less likely to make a change unless
there is a direct breach of the Constitution
F. Court Cases
-Worcester v. Georgia: Supreme Court ruled that the state of Georgia could not
impose its laws on Native American tribes, establishing federal authority over
indian affairs
-Plessy v. Ferguson: This case resulted in “separate but equal” doctrine upheld
in the Supreme court, allowing racial segregation in public facilities as long as
they were deemed equal
-Korematsu v. US: Supreme court upheld the constitutionality of Japanese
internment during World War II, even though it involved infringement of civil
liberties based on race and national origin.
-Tinker v. Des Moines: This case established that students’ freedom of speech
rights are protected in public schools as long as their expression does not disrupt
the educational process
-Regents of University of CA v Bakke: Supreme Court ruled that affirmative
action policies in college admissions were constitutional but that strict racial
quotas were not permissible
-Hazelwood v. Kuhlmeier: This case determined that public school
administrators have the authority to censor student-produced content in school-
sponsored activities like newspapers, as long as the censorship is reasonably
related to educational concerns
-Mahoney v. BL: Schools have limited authority to regulate off-campus student
speech, particularly on social media platforms, to protect students First
Amendment rights
G. Vocabulary Review
-Majority opinion: official ruling on a court case in which a majority of the
justices agree
-Dissenting opinion: written by a justice who does not agree with the majority
decision
-Concurring opinion: Agrees with either the majority or minority opinion, but for
different reasons or while disagreeing with a specific part of the opinion
-Precedent - Stare decisis: the policy of the courts to abide by decisions made
in earlier, similar cases