Chapter 3 Flashcards

1
Q

Jurisdiction

A

The authority of a court to rule on certain cases

Area a govt has power over

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2
Q

Amendment

A

A change to the constitution

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3
Q

Supremacy clause

A

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

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4
Q

Veto

A

Rejection of a bill

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5
Q

Expressed powers

A

Powers directly stated in the constitution

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6
Q

Enumerated powers

A

The expressed powers of congress that are itemized and numbered 1-18 in article I

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7
Q

Ratify

A

To approve

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8
Q

Petition

A

An appeal

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9
Q

Impeach

A

To accuse a public official for misconduct in public office

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10
Q

Judicial restraint

A

The philosophy that the Supreme Court should avoid taking the initiative on social and political questions

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11
Q

Judicial activism

A

The philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues

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12
Q

Prior restraint

A

Government censorship of information before it is published or broadcast

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13
Q

Search warrant

A

An order signed by a judge describing a specific place to be searched for specific items

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14
Q

Eminent domain

A

The power of govt to take private property for public use

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15
Q

Lame duck

A

Outgoing officials with little influence

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16
Q

Poll tax

A

Taxes paid in order to vote

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17
Q

Describe the 3 parts of the constitution

A

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

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18
Q

List the 6 major principles of govt that are in the constitution and what they mean

A

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

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19
Q

3 branches of govt

A

Legislative
Executive
Judicial

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20
Q

Describe 2 or 3 powers given to each of the branches of govt

A

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,

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21
Q

What is the elastic clause

A

Necessary and proper clause that allows govt to carry out its duties
The final and enumerated power

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22
Q

How may the branches of govt come into conflict with one another

A

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

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23
Q

Essay: understand the amendment process including proposal and ratification

A

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

24
Q

Understand some of the informal changes the constitution has undergone

A

Changes through law, practices, informal presidential changes, court decisions, and changes through custom and usage

25
Q

What is the bill of rights

A

First 10 amendments

26
Q

List the freedoms in the first amendment

A
Speech
Press
Assembly
Religion
Petition
27
Q

What is the difference between slander and libel

A

Slander- attacking persons reputation through speech

Libel- attacking a persons reputation through print

28
Q

What does due process of law mean?

A

Means the gift must follow proper constitutional procedures in trials and in other actions it takes against individuals

29
Q

Amendment 1

A

Protects religious freedoms

30
Q

2

A

Ensures citizens and nations the right to security

31
Q

3

A

Prevents quartering of soldiers

32
Q

4

A

Protects against unreasonable searches

33
Q

5

A

A

34
Q

6

A

Right of charged individuals to defend themselves
Speedy and public trial
Trial by jury

35
Q

7

A

Right to jury trial in cases involving the common law

-disputes of property over $20

36
Q

8

A

No excessive bail or cruel punishment

37
Q

9

A

Rights of people are not restricted to those specified in amendments 1-8
-include basic natural rights not specified

38
Q

10

A

Restates constitutions principle of federalism

39
Q

11

A

Prohibit state from being sued in federal court by citizens of another state

40
Q

12

A

Electoral college to use separate ballots in voting for president and Vice President

41
Q

13

A

Prohibits slavery

42
Q

14

A

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

43
Q

15

A

No denying right to vote based on race

44
Q

16

A

Congress power to levy individual income taxes

45
Q

17

A

States the people, not state legislatures, should elect us senators

46
Q

18

A

No manufacture, sale, or transport of alcohol

47
Q

19

A

Women the right to vote

48
Q

20

A

Sets dates for congress to begin its term and for the inauguration

49
Q

21

A

Repeals 18th

50
Q

22

A

President has max of 2 terms

51
Q

23

A

Citizens in Washington DC can vote for president and Vice President

52
Q

24

A

No poll taxes in federal elections

53
Q

25

A

Established process for Vice President to take over if president is disabled

54
Q

26

A

Lowers voting age to 18

55
Q

27

A

Makes congressional pay raises effective during the term following their passage