Chapter 3/4 Flashcards
Preamble
introduction to the constitution
Articles 1-3
lists the powers of the three branches of government
Article 4
explains the relationship between the states and the union and between each other
Article 5
ways to amend the constitution
Article 6
Supremacy Clause
Supremacy Clauce
any law created by the Federal gov is greater than any state law and states must obey and change their law to obey federal law
Article 7
ratification requirements of the constitution
Popular Sovereignty
government can govern only with the consent of the governed
Limited Government
government may do only those things that the people have given it the power to do
- Must obey law
- Must act in a constitutional matter
Separation of Powers
Article 1: Legislative Branch
Article 2: Executive Branch
Article 3: Judicial Branch
prevents tyranny
Checks and Balances
each branch of gov can be constrained by the other
Judicial Review
the judicial branch has the power to declare if a law is constitutional or not
Marbury v. Madison
established Judicial Review
Federalism
the division of political a central fov and several regional gov
-national issues handled by central, local issues handled by state
How is an amendment proposed?
By a two-thirds vote or both houses of congress OR by a national convention called by congress at the request of 2/3 of the state legislature
How is an amendment ratified?
by legislatures in 3/4 of the state OR by ratifying conventions in 3/4 of the state
Basic Legislation
Congress can pass laws that spell out some of the Constitution’s brief provisions and change meaning by carrying out laws
Executive Action
presidents have used their powers to outline unclear constitutional provisions
-some powers require no congressional approval (executive agreements and sending troops)
Court Decisions
the nation’s courts interpret and apply the constitution as they see fit
Custom
traditions that all outside the provisions of the constitution
Party Practices
political parties have shaped government and its processes, choose presidential candidates, congress divided on party lines
National Government is one of Delegated Powers
it has only those powers granted to it by the constitution of the united states
-three types of powers exist:
expressed, implied, inheret
Expressed powers
powers clearly spelled out in constitution
Implied powers
powers reasonably implied by the “Necessary and Proper Clause also known as the elastic clause
