MIE 305 Chapter 4 study guide
Articles of Confederation - ANS-1st Constitution of the U.S. 1781-1788 (weaknesses-no
executive, no judicial, no power to tax, no power to regulate trade)
basic structure of the Constitution - ANS-Preamble, 7 articles, 27 amendments
Difference between Articles and Amendments - ANS-Article I - The Legislative Branch. The
principal mission of the legislative body is to make laws. It is split into two different chambers -
the House of Representatives and the Senate. Congress is a legislative body that holds the
power to draft and pass legislation, borrow money for the nation, declare war and raise a
military. It also has the power to check and balance the other two federal branches.
Article II - The Executive Branch. This branch of the government manages the day-to-day
operations of government through various federal departments and agencies, such as the
Department of Treasury. At the head of this branch is the nationally elected President of the
United States.
The president swears an oath to 'faithfully execute' the responsibilities as president and to
'preserve, protect and defend the Constitution of the United States'. Its powers include making
treaties with other nations, appointing federal judges, department heads and Ambassadors, and
determining how to best run the country and run military operations.
Article III - The Judicial Branch. Article III outlines the powers of the federal court system.
Determines that the court of last resort is the US Supreme Court and that the US Congress has
the power to determine the size and scope of those courts below it. All judges are appointed for
life unless they resign due to bad behaviour. Those facing charges are to be tried and judged by
a jury of their peers.
Article IV - The States. This article defines the relationship between the states and the federal
government. The federal government guarantees a republican form of government in each
state, protects the nation and the people from foreign or domestic violence, and determines how
new states can join the Union. It also suggests that all the states are equal to each other and
should respect each
Subject matter of the Articles - ANS-
Separation of powers - ANS-Constitutional division of powers among the legislative, executive,
and judicial branches, with the legislative branch making law, the executive applying and
enforcing the law, and the judiciary interpreting the law
, checks and balances - ANS-A system that allows each branch of government to limit the powers
of the other branches in order to prevent abuse of power
Federalism - ANS-a form of government in which power is divided between the federal, or
national, government and the states
Police powers - ANS-Powers possessed by the states as part of their inherent sovereignty.
These powers may be exercised to protect or promote the public order, health, safety, morals,
and general welfare.
Necessary and Proper Clause (Elastic Clause) - ANS-Clause of the Constitution (Article I,
Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in
addition to its express powers, has the right to make all laws necessary and proper to carry out
all powers the Constitution vests in the national government
Commerce Clause (Article 1, Section 8) - ANS-Congress can regulate commerce with foreign
nations, among the several states.
Supremacy Clause (Article VI) - ANS-federal law is more important that state laws is more
important than smaller laws
Due process - ANS-fair treatment through the normal judicial system, especially as a citizen's
entitlement.
Dormant commerce clause - ANS-A restriction on states' authority that is implied in the
commerce clause of the U.S. Constitution: The power given to Congress to enact legislation that
affects interstate commerce in effect prohibits a state from passing legislation that improperly
burdens interstate commerce.
State Action Doctrine - ANS-rule stating that only the actions of state and local governments,
not those of private individuals, must conform to the equal protection clause
Political speech - ANS-Expressions which comment on government action rather than the
private conduct of an individual.
Commercial Speech Doctrine - ANS-The government may regulate advertising that is false,
misleading, or deceptive
The government may regulate advertising for unlawful goods and services
Takings Clause 5th Amendment - ANS-Government can take private property for a public
purpose, but it must provide fair compensation to the owners of that property.
What're the differences between enumerated, implied, amendment-enforcing and concurrent
powers of government? - ANS-Enumerated- Powers specifically given to Congress in the
Articles of Confederation - ANS-1st Constitution of the U.S. 1781-1788 (weaknesses-no
executive, no judicial, no power to tax, no power to regulate trade)
basic structure of the Constitution - ANS-Preamble, 7 articles, 27 amendments
Difference between Articles and Amendments - ANS-Article I - The Legislative Branch. The
principal mission of the legislative body is to make laws. It is split into two different chambers -
the House of Representatives and the Senate. Congress is a legislative body that holds the
power to draft and pass legislation, borrow money for the nation, declare war and raise a
military. It also has the power to check and balance the other two federal branches.
Article II - The Executive Branch. This branch of the government manages the day-to-day
operations of government through various federal departments and agencies, such as the
Department of Treasury. At the head of this branch is the nationally elected President of the
United States.
The president swears an oath to 'faithfully execute' the responsibilities as president and to
'preserve, protect and defend the Constitution of the United States'. Its powers include making
treaties with other nations, appointing federal judges, department heads and Ambassadors, and
determining how to best run the country and run military operations.
Article III - The Judicial Branch. Article III outlines the powers of the federal court system.
Determines that the court of last resort is the US Supreme Court and that the US Congress has
the power to determine the size and scope of those courts below it. All judges are appointed for
life unless they resign due to bad behaviour. Those facing charges are to be tried and judged by
a jury of their peers.
Article IV - The States. This article defines the relationship between the states and the federal
government. The federal government guarantees a republican form of government in each
state, protects the nation and the people from foreign or domestic violence, and determines how
new states can join the Union. It also suggests that all the states are equal to each other and
should respect each
Subject matter of the Articles - ANS-
Separation of powers - ANS-Constitutional division of powers among the legislative, executive,
and judicial branches, with the legislative branch making law, the executive applying and
enforcing the law, and the judiciary interpreting the law
, checks and balances - ANS-A system that allows each branch of government to limit the powers
of the other branches in order to prevent abuse of power
Federalism - ANS-a form of government in which power is divided between the federal, or
national, government and the states
Police powers - ANS-Powers possessed by the states as part of their inherent sovereignty.
These powers may be exercised to protect or promote the public order, health, safety, morals,
and general welfare.
Necessary and Proper Clause (Elastic Clause) - ANS-Clause of the Constitution (Article I,
Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in
addition to its express powers, has the right to make all laws necessary and proper to carry out
all powers the Constitution vests in the national government
Commerce Clause (Article 1, Section 8) - ANS-Congress can regulate commerce with foreign
nations, among the several states.
Supremacy Clause (Article VI) - ANS-federal law is more important that state laws is more
important than smaller laws
Due process - ANS-fair treatment through the normal judicial system, especially as a citizen's
entitlement.
Dormant commerce clause - ANS-A restriction on states' authority that is implied in the
commerce clause of the U.S. Constitution: The power given to Congress to enact legislation that
affects interstate commerce in effect prohibits a state from passing legislation that improperly
burdens interstate commerce.
State Action Doctrine - ANS-rule stating that only the actions of state and local governments,
not those of private individuals, must conform to the equal protection clause
Political speech - ANS-Expressions which comment on government action rather than the
private conduct of an individual.
Commercial Speech Doctrine - ANS-The government may regulate advertising that is false,
misleading, or deceptive
The government may regulate advertising for unlawful goods and services
Takings Clause 5th Amendment - ANS-Government can take private property for a public
purpose, but it must provide fair compensation to the owners of that property.
What're the differences between enumerated, implied, amendment-enforcing and concurrent
powers of government? - ANS-Enumerated- Powers specifically given to Congress in the
