Chapter 3 Test Flashcards
What is the major strength of the Constitution?
It’s flexibility
What are the six basic principles of the Constitution?
Popular Sovereignty- people are the source of its power
Limited Government- Government is not all powerful
a. Rule of law: the government is subject to and never above the law
Separation of powers- 3 branches share power
Checks and Balances- each branch is subject to restraints of the other two
Judicial Review- power of the courts to determine whether what the government is doing is according to the constitution
EST. Marbury vs. Madison
Federalism- division of power between the national and state governments
What is a formal amendment?
A change in the written wording of the constitution
What is an informal amendment?
Day to day changes made overtime (not written) *temporary “flesh and bones” of the Constitution (details)
List 5 ways an informal amendments can be passed
- Basic legislation- Laws passed by congress
- Executive Action- powers granted the pres. (executives agreement)
- Courts Decision- the nations courts determine the constitutionality of cases
- Party Practice- ideas brought forth by the political parties
- Custom- unwritten traditions
Explain the Articles (7)
- Creates the Legislative Branch
- Creates the Executive Branch
- Creates the Judicial Branch
- Relations among the states
- Amending the Constitution
- National debts supremacy of national law, and oaths of office
- Ratifying the Constitution
What is an Amendment?
A change or an addition to the Constitution or law
What is the Rule of Law?
Concept that holds that government and its officers are always subject to law
What is a Treaty?
A formal agreement between two or more sovereign states
What is Ratification?
Formal approval, final consent to the effectiveness of a constitution, constitutional amendment or treaty
What is Bail?
The sum of money that the accused may be required to post (deposit with the court) a guarantee that he or she will appear in court at the proper time is called bail.
What is a Bench Trial?
When you wave the right to a jury and let a judge make the ruling
Grand Jury?
They decide if there is enough evidence to bring someone to trial
What is the purpose of a Petite Jury?
An impartial jury of 12 who decides guilt or innocence
What is Eminent Domain?
Protects personal property- allows for private property to be purchased for public use
