Chapter 3 Flashcards
Jurisdiction
The authority of a court to rule on certain cases
Area a govt has power over
Amendment
A change to the constitution
Supremacy clause
Statement in article 5 of const establishing that the constitution, laws passed by congress and treaties of the US shall be the supreme law of the land
Veto
Rejection of a bill
Expressed powers
Powers directly stated in the constitution
Enumerated powers
The expressed powers of congress that are itemized and numbered 1-18 in article I
Ratify
To approve
Petition
An appeal
Impeach
To accuse a public official for misconduct in public office
Judicial restraint
The philosophy that the Supreme Court should avoid taking the initiative on social and political questions
Judicial activism
The philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues
Prior restraint
Government censorship of information before it is published or broadcast
Search warrant
An order signed by a judge describing a specific place to be searched for specific items
Eminent domain
The power of govt to take private property for public use
Lame duck
Outgoing officials with little influence
Poll tax
Taxes paid in order to vote
Describe the 3 parts of the constitution
Preamble: intro; states why the constitution was written
Articles: 7 divisions; establish the branches of govt and procedures for making laws
Amendments: changes to the constitution
List the 6 major principles of govt that are in the constitution and what they mean
Popular sovereignty: rule by the people; us is based upon the consent of the government
Federalism: powers are divided between the sate and national govts
Separation of powers: each branch has certain responsibilities; limits central govt by dividing powers between the branches
Checks and balances: ability of the branches to check the other branches
Judicial review: power of the courts to declare laws or actions invalid if they violate the constitution
Limited govt: constitution limits the actions of the government by specifically stating what powers it does and does not have
3 branches of govt
Legislative
Executive
Judicial
Describe 2 or 3 powers given to each of the branches of govt
Legislative: enumerated powers, elastic clause,
Executive: president vague powers, ensures that passed laws are executed, federal beaucracy, commander in chief, appoints heads of executive departments, makes treaties
Judicial: appears to be the weakest, Supreme Court, jurisdiction over federal courts,
What is the elastic clause
Necessary and proper clause that allows govt to carry out its duties
The final and enumerated power
How may the branches of govt come into conflict with one another
President comes into conflict with congress because of his expansion of his role
Conflict with political parties
What powers the president has without having to go through congress
Conflict when the president makes sure congress is following the const and Vice Versa
Essay: understand the amendment process including proposal and ratification
Proposing: 2 ways
1) by 2/3 vote of each house of congress
2) by a national convention called by congress at the request of 2/3s of the states
Ratifying: 2 ways
1) legislatures in 3/4s of the states approve it
2) each state calls a ratifying convention
Congress sets the rules for the amendment process and decides how much time the states will have to ratify the amendment
Understand some of the informal changes the constitution has undergone
Changes through law, practices, informal presidential changes, court decisions, and changes through custom and usage
What is the bill of rights
First 10 amendments
List the freedoms in the first amendment
Speech Press Assembly Religion Petition
What is the difference between slander and libel
Slander- attacking persons reputation through speech
Libel- attacking a persons reputation through print
What does due process of law mean?
Means the gift must follow proper constitutional procedures in trials and in other actions it takes against individuals
Amendment 1
Protects religious freedoms
2
Ensures citizens and nations the right to security
3
Prevents quartering of soldiers
4
Protects against unreasonable searches
5
A
6
Right of charged individuals to defend themselves
Speedy and public trial
Trial by jury
7
Right to jury trial in cases involving the common law
-disputes of property over $20
8
No excessive bail or cruel punishment
9
Rights of people are not restricted to those specified in amendments 1-8
-include basic natural rights not specified
10
Restates constitutions principle of federalism
11
Prohibit state from being sued in federal court by citizens of another state
12
Electoral college to use separate ballots in voting for president and Vice President
13
Prohibits slavery
14
Prohibits state from denying any person of life, liberty, and property w/out due process of law
Equal protection of the law in all states
15
No denying right to vote based on race
16
Congress power to levy individual income taxes
17
States the people, not state legislatures, should elect us senators
18
No manufacture, sale, or transport of alcohol
19
Women the right to vote
20
Sets dates for congress to begin its term and for the inauguration
21
Repeals 18th
22
President has max of 2 terms
23
Citizens in Washington DC can vote for president and Vice President
24
No poll taxes in federal elections
25
Established process for Vice President to take over if president is disabled
26
Lowers voting age to 18
27
Makes congressional pay raises effective during the term following their passage
