Chapter 4: The Constitution as the Foundation of the Legal Environment Flashcards
In a federal system the central government has power to…
address the national concerns while the individual states retain the power to handle local concerns
What is A constitution
a written doc that establishes the structure of the government and its relationship to people
Tripartite
the three part division
(legislative, executive, judicial)
What do the three branches do
Legislative- make laws
Executive- execute or enforce laws
Judicial- interpret laws
Is congress bicameral or unicameral?
Congress is bicameral
Congress consists of what
Senate and HOR
How long is a Senate term?
6 years
How long is a HOR term?
2 years
Judges are appointed by the President with the approval of
senate
Judges serve for how long?
for life, unless impeached
Delegated Powers
powers given by the Constitution to the national government
ex. the national gov alone can declare war
Shared Powers
powers held by both state and national government
Police Power
( States possess this power )the power to govern; the power to adopt laws for the protection of public health, welfare, safety, and morals.
Ex post facto laws
a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law
Bedrock View
a strict constructionist view of the constitution
the purpose is to state the fundamental principles for all time
Living Doc View
merely a statement of goals and objectives and is intended to grow and change with time
What view has the Supreme Court been following? How has it affected now?
living doc view
strengthened the power of the federal gov - rise of administrative agencies - expanded the protection of human rights
What 3 ways has the Constitution been amended?
- expressly
- interpretation
- practice
The living constitution has what characteristics
- strong gov
- strong president
- eclipse of the states
- ## administrative agencies
Commerce Clause
Article 1 section 8 clause 3
power to regulate commerce with foreign nations and among the states
