Chapter 2: The Living Constitution Flashcards
Separation of powers
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
Natural law
God’s or nature’s law that defines right from wrong and is higher than human law.
Checks and balances
Constitutional grant of powers that enables each of the three branches of government to check some of the others and therefore ensure that no branch can dominate
Divided government
Governance divided between the parties, especially when one holds the presidency and the other controls one or both houses of Congress
Direct primary
Election in which voters choose party nominees
Initiative
Procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the boaters
Referendum
Procedure for submitting to popular vote measures passed by the legislator or propose amendments to a state constitution
Recall
Procedure for submitting to popular vote the removal of officials from office before the end of their term
Marbury v. Madison
A landmark case in United States law and the basis for the exercise of judicial review in the United States, under article 3 of the United States Constitution. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed as justice of the peace and the District of Columbia by Pres. John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adam’s secretary of state. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury’s and several other men’s commissions. Marbury and three others petitioned the court to force Madison to deliver the commission tomorrow board. The Supreme Court denied Marbury’s petition, holding that this date upon which he based his claim was unconstitutional.
Judicial review
The power of a court to refuse to enforce the law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in the state court, this state constitution.
Writ of Mandamus
Court order directing an official to perform an official duty.
Impeachment
Formal accusation by the lower house of legislator against a public official, the first step in removal from office
Executive order
Directive issued by a president or governor that has the force of law.
Executive privilege
The power to keep executive commissions confidential, especially if they relate to national security.
Impoundment
Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.
