Chapter 2 pt. 2 Flashcards
judicial review
Power of the courts to declare laws unconstitutional
federalism
Government authority, shared by national and regional governments
enumerated powers
Powers given to the national government alone
reserved powers
Powers given to the state governments alone
concurrent powers
Power shared by the national and state governments
checks and balances
features of the constitution that limit the governments power by requiring each branch to obtain the consent of the others, for its actions, limiting and balancing power among the branches
separation of powers
features of the constitution that require the three branches to be relatively independent, so that one cannot control the other
faction
A group with a distinct political interest
coalition
an alliance of factions
Bill of Rights
first 10 amendments to the constitution
line-item veto
and executives ability to block a particular provision in a bill passed by the legislature
constitution
A nations basic law. It creates political institutions, assigns and divides powers in government, and often provides certain guarantees to citizens.
ERA
(equal rights amendment) a proposed constitutional amendment passed by Congress in 1972 stating that “equality of rights under the law shall not be denied or a bridged by the US or any state on account of sex“. The proposal failed to obtain ratification by the states.
Marbury v. Madison
an 1803 SCOTUS case in which the court asserted its right to determine the meaning of the US Constitution. This establish the courts power of judicial review.
freedom of religion, speech, press-right to petition into assemble
Amendment 1
right for states to keep a militia, right to bear arms
Amendment 2
no quartering of troops in private homes in peace time or during war without the consent of Congress
Amendment 3
police must have a warrant to search your property, unless there is probable cause, items taken without a warrant, or probably cause are inadmissible as evidence
Amendment 4
can only stand trial for a serious crime, if indicted by a grand jury-no double jeopardy, or standing trial for the same crime twice once acquitted/convicted-right to eminent, domain, or taking private land for public use-cannot be forced to testify against themselves
Amendment 5
right to a speedy trial-right to a jury trial-right to your charges against oneself-right to cross, examine and get favorable witnesses-write to an attorney
Amendment 6
in federal court, civil cases, right to jury trial in any case involving more than $20
Amendment 7
no excessive bail-no cruel and unusual punishment
Amendment 8
other civil rights, not given to the government are given to the people
Amendment 9
any powers, not given to the national governments, are left to/reserved for the states (reserved powers)
Amendment 10
no state may be sued in federal court by a resident of another state or foreign country
Amendment 11
Electoral college shell, vote separately for president and vice president
Amendment 12
abolition of slavery
Amendment 13
changes definition of citizenship, allows for former slaves, born in the US to be classified as citizens, as well as those born to citizen, parents to be the same-do process clause applies amend 1-8 to state governments-removed 3/5 compromise from constitution-limited President power to pardon former confederates-reaffirmed public debt of the US, but invalidated any CSA debt-Band national or state governments from compensating, former slave owners
Amendment 14
all male citizens have right to vote, no matter their race, or if they were former slaves
Amendment 15
Congress may levy an income tax
Amendment 16
popular election of US senators-legislature still decide how to fill a vacant seat
Amendment 17
Prohibition
Amendment 18
women got right to vote
Amendment 19
lame duck amendment-changed dates for inauguration of president and vp from March 4 to January 20-changed swearing in of congress from March 4 to January 3 and they had to meet at least once each year-if the president-elect dies before he is sworn in, the vice president-elect will be president-give congress the power to choose the president if there is no president or vice president
Amendment 20
repeals the 18th amendment. ending prohibition-gives states ability to regulate transportation, importation, and/or distribution of intoxicating liquors-only one submitted to states to use convention process for ratification
Amendment 21
no one could be elected president more then 2 times-no person that had become president through succession could serve more than 10 years
Amendment 22
Washington DC get 3 electoral votes in presidential elections
Amendment 23
Banned Poll taxes for any election of a federal officer
Amendment 24
vice president becomes president upon death, resignation, or removal of the president-president may nominate a new vice president with consent of congress if the office becomes vacant- vice president or the next in line of succession can become acting president if the president is unable to discharge his/her duties
Amendment 25
voting age lowered to 18
Amendment 26
congress may only make pay raises effective upon the swearing in of a new congress
Amendment 27