Chapter 3 Flashcards
What were the three rights that the Magna Carta granted
Trial by jury, due process, protection of search and seizure
What are the three major categories amendments are divided into
Bill of rights, Civil War, 20th century
What is protected by the First Amendment
Freedom of speech, religion, freedom of press, assembly, right to petition
What factors determine federal court jurisdiction
Subject matter of case, who is involved
Which court deals with US laws, treaties with foreign nations, admiralty or maritime law, interpretations of the US constitution
Federal courts
What are examples of powers granted to Congress under the elastic clause
Any law that is necessary or proper to carry out any powers
What are the three parts of the US Constitution
Preamble, articles, amendments
What are the major principles of the Constitution
Popular sovereignty, judicial review, limited government, federalism, separation of powers, checks and balances
How can the constitution be adapted for the future
Constitutional amendment
How can Supreme Court decisions be overturned
Pass stature overwriting decision, if congress proposes amendment, over overwrite decision, Court can change mind.
What action is required to override a presidential veto
A 2/3 vote of each house
What is false speech intended to damage a person’s reputation
Slander
What is an executive agreement
Treaties made by heads of state, does not require Senate approval
What is judicial review used for
Determine if laws passed our constitutional or not all federal courts can review laws, used as check on other two branches
What is article 1 section 8 of the Constitution
Lists enumerate powers of Congress including the Elastic clause
What was the voice of the people to be represented as established by the framers
House of reps
What is popular sovereignty
Rule by the people, government is based on consent of government
Describe three ways the framers of the constitution divided the responsibilities of governing in order to limit the powers of government
Federalism - split authority at national, state, and local level
Separation of powers - divides national powers
Checks and balances - each branch can overrule each branch
Explain the power of judicial review and how it checks the power of the executive and legislative branches
Most important piece used by courts used to interpret Constitution. Can uphold decisions of Congress and states unless clearly in violation of constitution court can actively help settle social and political … known as judicial activism. Serves as check as presidential and congressional powers
