The constitutional framework (powers) of the US branches of government. (Edexcel A-Level Politics): Flashcards

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The constitutional framework (powers) of the US branches of government.
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Nickname for Nec. & Proper Clause

Elastic clause

Implied powers definition

Powers not explicit in Constitution, inferred from Nec. & Proper Clause

McCulloch v. Maryland (1819) outcome

Upheld implied powers & national bank constitutionality

Concurrent powers

Powers shared between federal & state governments

10th Amendment reserves powers to

States or the people

Supremacy Clause establishes

Constitution & federal law as supreme law

Vote to override presidential veto

2/3 majority in both House & Senate

Commander-in-Chief power

Direct control over military operations

Executive orders

Pres. directives w/ law force, no Congress approval needed

Senate vote to ratify treaties

2/3 vote

Judicial review

Power to declare laws/actions unconstitutional

Case establishing judicial review (1803)

Marbury v. Madison

Living Constitution theory

Constitution as dynamic document evolving w/ society

Textualism

Interpreting Constitution by plain meaning of words

Originalism

Interpreting by framers' & ratifiers' understanding

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