Chapter 3 Flashcards
a two-house legislature
bicameral
a key aspect of the Constitution of the United States, protecting the balance of power among the 3 branches of government; concept was first suggested by James Madison in the Federalist Papers
checks and balances
found in Article I Section 8 of the Constitution, it gives Congress the power to make “all laws necessary and proper” to carry out the other defined powers of Congress
elastic clause
consists of presidential electors from each state; the number of electors is based on the state’s population; the states with the greatest population have the most electoral votes; when the voter casts a vote for president, in reality the vote goes to one of the presidential electors designated by the candidate in that state
electoral college
delegated powers of Congress, including the power to collect taxes, pay debts, provide for the common defense and general welfare, regulate commerce among the states, coin money, and declare war
enumerated powers
laws that take effect after the act takes place; Congress is prohibited from enacting this type of legislation
ex post facto laws
the ability of the president to protect personal material
executive privilege
the overall division of power between the federal government and state governments; as defined in the Tenth Amendment of the Constitution; it specifically tells the states that they have reserved powers; power not delegated to the government by the Constitution are given to the respective states
Federalism
phrase used to describe the mutual respect and legality of laws, public records, and judicial decisions made by states
full faith and credit
derived from the Marbury v Madison decision, it gives the Supreme Court the power to interpret the Constitution and specifically acts of Congress, the president, and the states
judicial review
the introduction to the Constitution, outlining the goals of the documents
preamble
the guarantees that the rights of a citizen in one state will be respected by other states; also a clause in the 14th Amendment that protects citizens from abuses by a state
privileges and immunities
found in the 10th Amendment, it gives states powers not delegated to the national government
Reserved Power Amendment
originally developed by Montesquieu in the Spirit of Natural Laws written during the Enlightenment and James Madison in Federalist No 48, this important doctrine resulted in the establishment of 3 separate branches of government
separation of powers
clause that states that “the Constitution, and the laws of the United States…shall be the supreme law of the land.”
supremacy clause