10th Amendment - reserve clause - powers reserved to the states that were not expressly delegated to the federal government in the constitution
Elastic clause = necessary and proper clause
Delegated powers - expressly listed in the Constitution (declare war, taxation of the states, legislate, regulate interstate commerce, coining money)
Implied powers (powers the government is assumed to have based on the execution of the delegated powers)
Inherent powers (all governments have these powers inherently)
Reserved powers - education and policing and morality (stuff reserved to states)
Brown v. Board of Education - 1954 - destroys separate but equal doctrine established in Plessy v. Ferguson
Gender gap in elections - women vote more than men
Fiscal federalism - money from federal gov to states (grants)
Divisive opinion -
Early political parties - Whigs, Federalists (timeline)
Women voters - gun control, abortion
Separation of powers - can’t serve in more than one branch simultaneously, they do different stuff - legislative legislates, judicial decides, executive executes/enforces
Checks and balances - judiciary can decide on constitutionality of legislation and executive action; legislative branch can override presidential veto, amend the constitution, block judicial nominees; president can veto legislation, refuse to enforce judicial decisions OR congressional legislation, pardon (diagram in book)
Amendment process - ⅔ majority of BOTH house of Congress, followed by ¾ of the state legislatures; national convention of the states; ⅔ states can call for it (in book page 49)
Prohibited powers - fed cannot give titles, pass ex post facto laws, cannot try people in absentia, cannot drag trials out (must be speedy), no cruel and unusual punishment, jury of your peers, cannot withhold charge, cannot withdraw money from treasury without legislation authorizing it, cannot be required to swear religious oath; states govs cannot sign treaties or enter into trade agreements with foreign nations or regulate interstate commerce or coin money;
Pluralism - factions/interest groups control democratic process through compromise
Plurality - when someone wins an election with less than 50% of the vote/electoral college votes
Hyperpluralism - monied interests control interest groups and so rich people get a disproportionately large slice of the pie
McCullough vs. Maryland - Bank of United States in Maryland, Maryland attempted to tax the US Bank, McCullough was an officer of the bank who refused to pay, and the Supreme Court decision established that states cannot restrict/regulate/tax federal agencies because the Supremacy Clause would be toothless otherwise.
Gibbons vs. Ogden - Commerce clause. Ferryboat license given by US government was annulled by NJ and preference was given to an operator licensed by the state, not the feds. Supreme Court decision established that commerce was more than just the buying and selling of goods, it drastically expanded the definition of commerce to include transportation of goods and people.
US vs. Lopez - Gun control laws passed by Congress did not fall under the purview of the commerce clause
Buckley vs. Valeo - Case in the 70s that declared restrictions on candidates spending personal wealth on campaigns were unconstitutional