Chapter 3 Flashcards
The Preamble
the intro, why the constitution was written
Article 1
legislative branch
Article 2
executive branch
Article 3
judicial branch
Article 4
relationship of states to each other and to the national government
Article 5
ways Constitution can be changed
Article 6
establishes that laws passed by Congress are the supreme law
Article 7
ratification of the Constitution
Popular Sovereignty
rule by the people
Federalism
power divided between national government and state government
Separation of Powers
divided power among 3 branches of government
Checks and balances
each branch of government exercises some control over the others
Judicial review
power of the courts to declare laws unconstitutional
Maybury v Madison
established the precedent for federal courts to rule on actions of the government
Limited government
constitution limits the actions of government by listing specifically what it can and can’t do
Enumerated Powers of Legislative Branch (17 powers)
- 5 of them deal with economic legislation
- 7 of them provide for defense
- naturalizing citizens
- establishing post offices
- securing patents and copyrights
- establishing courts
- governing the District of Colombia
elastic clause
allows Congress to make all laws necessary to carry out their given powers
McCulloch v Maryland
court ruled in favor of elastic clause
Powers of Executive Branch (10 powers)
- commander in chief of armed forces
- appoints heads of executive departments
- pardon people convicted of federal crimes
- make treaties with the advice and consent of Senate
- appoint ambassadors
- delivers an annual State of the Union message to Congress
- calls Congress into special session when necessary
- meets with heads of state, ambassadors, foreign officials
- commissions all military officers
- ensures that laws are “faithfully” executed
federal courts
powers derive from the Constitution and federal laws
state courts
powers derived from state constitutions and laws
jurisdiction of the court
the subject matter of the case and the parties involved
the president as a legislator
proposes much of the legislative agenda and spells out the details of programs that are enacted into law
proposing amendments
2/3 vote from each house of Congress
balanced budget
the federal government’s spending never exceeds its income
ratifying amendments
legislatures in 3/4 of the states, and each state needs to call a special ratifying convention
Equal Rights Amendment
prohibit discrimination of the basis of gender
Congress expanded the executive branch by…
creating cabinet departments, agencies, boards, and commissions
Congress expanded the judicial branch by…
- created additional federal courts
- establishing new rules of federal court procedure
- provided for court workers such as bailiffs and clerks
1st Amendment
freedom of speech, religion, and press
2nd Amendment
right to bear arms
3rd Amendment
prohibits the government from forcing people to shelter soldiers
4th Amendment
right to privacy
5th Amendment
- no one can be tried without enough evidence
- someone found innocent for a crime can’t be convicted for the same crime again
- no one can be forced to testify against themselves
6th Amendment
right to defend one’s self in court
7th Amendment
right to a jury trial in federal courts to settle disputes about property worth more than $20
8th Amendment
prohibits excessive bail
9th Amendment
other rights not spelled out in the Constitution are given to the people
10th Amendment
reaffirm the relationship between national government and state government
11th Amendment
prohibits a state from being sued in federal court by citizens of another state or country
Chisholm v Georgia
amendment introduced to limit the jurisdiction of the federal courts
12 Amendment
created the Electoral College
13th Amendment
outlaws slavery
14th Amendment
protects rights of citizenship in general by prohibiting a state from depriving any person of life, liberty, or property
15th Amendment
prohibits government from denying person’s right to vote on the basis of race
16th Amendment
Congress’ power to levy individual income taxes
17th Amendment
the people elect US Senators
18th Amendment
prohibits alcohol
19th Amendment
women can vote
20th Amendment
allows Congress to begin its term and for the inauguration of president
21st Amendment
repeals 18th Amendment
22nd Amendment
president can only serve 2 terms
23rd Amendment
allows citizens living in DC to vote for president
24th Amendment
prohibits poll tax
25th Amendment
vice president takes over for president when he’s disabled
26th Amendment
people can vote at 18 yrs old
27th Amendment
prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for Representatives
