Covers the foundational mechanisms and structures of government established by the Constitution, including separation of powers, checks and balances, federalism, and judicial review.
The division of governmental authority into three distinct branches to prevent the concentration of power: the Legislative Branch (Congress - makes laws), the Executive Branch (President - enforces laws), and the Judicial Branch (Supreme Court - interprets laws).
What is the system of 'checks and balances'?
A system where each branch of government is given certain powers to limit or 'check' the actions of the other branches, ensuring no single branch becomes too powerful. It forces cooperation and compromise between the branches.
Provide an example of a check the Executive Branch has on the Legislative Branch.
The President can veto a bill passed by Congress, preventing it from becoming law unless Congress overrides the veto with a two-thirds vote in both houses.
Provide an example of a check the Judicial Branch has on the other two branches.
Through the power of judicial review (established in Marbury v. Madison), the judiciary can declare laws passed by Congress or actions taken by the President to be unconstitutional, and therefore void.
Provide an example of a check the Legislative Branch has on the Executive Branch.
Congress can impeach and remove the President, the Senate must approve major appointments (like cabinet secretaries and federal judges), and Congress can override a presidential veto.
What is 'federalism' in the context of the U.S. government?
A system of government where power is constitutionally divided and shared between a central national government and smaller state governments. Each level has its own sphere of authority.
What is the significance of the Supremacy Clause in Article VI of the Constitution?
It establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the 'supreme Law of the Land.' It ensures that federal law prevails over conflicting state law.
What does the 'Necessary and Proper Clause' (or Elastic Clause) allow Congress to do?
Found in Article I, Section \(8\), it grants Congress the power to pass all laws 'necessary and proper' for carrying out its enumerated powers. This gives Congress implied powers not explicitly listed in the Constitution.
What is the Commerce Clause and why is it significant?
Article I, Section \(8\) gives Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes. It has been interpreted broadly to allow federal regulation of a wide range of economic activities.
What is 'judicial review' and where did it come from?
Judicial review is the power of the federal courts to determine the constitutionality of laws and government actions. This power is not explicitly stated in the Constitution but was established by the Supreme Court in the landmark case Marbury v. Madison (\(1803\)).
