Chapter 3 book notes Flashcards
Constitution
sets out basic principles upon which gov in the US was built and operates today
Political Arena
the setting in which political activity occurs
provisions
a clause in a document or agreement
first 3 articles of the constitution
deal with the 3 branches of the national gov.: congress, the presidency, and the federal court system
-these articles outline the basic organization and powers of each branch, and the methods by which officials are chosen to lead (president, congress, federal judges
Article 4 of the constitution
deals with mostly with the place of the states in the American Union and their relationships with the national government and with one another
Article 5 of the constitution
indicates how formal ammendments may be added to the document
article 6 of the constitution
declares that the constitution is the nations supreme law
article 7
provided for the ratification of the constitution
the 7 articles of the original document are followed by what?
27 amendments, printed in the order in which each provision was adopted
6 principles the constitution is built around
popular sovereignty, limited gov, separation of powers, checks and balances, judicial review, and federalism
Popular sovereignty
- all of the political power resides in the people
- people are the source for any and all government power
- has popularly elected leaders who are chosen by the people to represent them in the exercise of the people power
limited government
- holds that no government is all-powerful
- gov may only do those things that the people have given it the power to do
what is the principle of government the other side of
it is the other side of popular sovereignty
-the people are the source of any and all of governments authority
constitutionalism
government must be conducted according to constitutional principles
rule of law
hold the government and its officers, in all that they do, are always subject to-never above- the law
prohibitions
a denial, ban
enshrined
set out with respect; honored
separation of powers
the constitution of the US distributes powers of the national government among the congress(legislative), the president(executive), and the courts (judicial).
Article 1 section 1 declares
congress is the law making branch of national gov
article 2 section 1 declares
The president is given the law-executing, law enforcing, and law administering powers of the national government
Article 3 section 1 declares
the federal courts, and most important;y the supreme court, interpret and apply the laws of the US in cases brought before them
what did the framers intend to do?
make a stronger central government for the US, but also intended to limit the powers of that government
checks and balances
each branch is subject to a number of constitutional checks, or restraints, by the other branches.
congress has the power to…
make laws, however the president may veto any act of congress
congress can…
over ride a presidential veto by a 2/3’s vote in each house
-can refuse to provide funds requested by the president or the senate may refuse to approve a treaty or an appointment made by chief executive
the president is…
the commander in chief of all armed forces, but congress provides the military force and so on
the president has the power to
name all federal judges, each appointment must be approved by a majority vote in the senate, the courts also have the power to strike down the acts of congress/ presidential acts that they find unconstitutional
partisan
loyalty to a particular party
Judicial review
the power of a court to determine the constitutionality of a governmental action
-has the power to declare unconstitutional
the power of judicial review is held by whom?
all federal courts and by most state courts as well
auxiliary
extra, supportive, supplemental
in what landmark case did the supreme court establish power of judicial review
Marbury vs Madison.
federalism
the division of power among a central government and several regional governments
the framers solution in federalism
they constructed the federal arangment, with its division of powers, as a compromise
in what ways, how has the constitution been changed for modification and growth?
by formal amendment and by other informal means
article 5 sets out what?
2 methods for the proposal and 2 methods for the ratification of amendments
formal amendment / how many are there
changes or additions that become part of the written language of the constitution itself/ 4 possible methods of formal amendment
how can an amendment be proposed?
by a 2/3 vote in each house of congress, and must also be ratified by 3/4 of the state legislature
how many state legislatures must approve an amendment to make it a part of the constitution?
38
convention
a meeting to deal with matters of common concern
if an amendment is proposed by congress and is ratified by conventions, what amount of the states must accept this for it to pass
3/4 of the states
- only 21is amendment was like this
an amendment may be proposed by a national convention, called by who?
congress, at the request of 2/3 of the state legislatures (today 34). must then be ratified by 3/4 of state legislatures
an amendment may be proposed by a national convention, then be..
ratified by conventions in 3/4’s of the states
when both houses of congress pass a resolution proposing an amendment,
congress does not send it to the president to be signed or veto’d, though the constitution would seem to require it- because when congress proposes an amendment it is not making law
once a state has approved an amendment,
that action can not be undone
bill of rights
the first 10 amendments, they set out the great constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of fair and equal treatment before the law
the process of constitutional change by means other than formal amendment has taken place- and continues to occur- in 5 key ways
- Basic Legislation
- Executive Action
- Court Decisions
- Party Practices
- Custom and Usage
ordain
to order, direct, decree
Basic Legislation
congress has passed a number of laws to clarify several of the constitution’s brief provisions. congress has added flesh to the bones of those section the framers purposely left skeletal.
succession
the process by which one follows in order (succeeds) to an office
executive action
how the president uses his power to contribute to the growth of the constitution
ex: congress must declare war, but the president is in control of all armed forces, can make war without a declaration of war from congress.
executive agreement
pact made by the president directly with the head of a foreign state
treaty
a formal agreement between 2 or more sovereign states
difference between agreements and treaties
executive agreements do not need to be approved by the senate
court decisions
supreme court interprets and apply’s the constitution in many of the cases they hear
party practices
political parties are a major agent of constitutional change over the course of history
electoral college
the body that makes the formal selection of the nations president
custom and usage
unwritten customs can be as strong as written law, many have developed in our governmental system
ex: JFK assasination and Lyndon Johnson rising to become president
senatorial courtesy
the senate will approve only those presidential appointees, such as federal judge or a US marshal who are acceptable to the senator or senators of the presidents party from the state involved
EX: Franklin roosevelt and being president for more than 2 terms
