Chapter 6 - Brent Flashcards
The first ten amendments of the Constitution, which protect citizens’ democratic rights by placing restrictions on the state and national governments
Bill of rights
Also called the elastic clause; constitutional clause giving lawmakers great leeway in making laws “necessary and proper” for the execution of enumerated and implied powers
Necessary and proper clause
A principle that limits gov- ernment to only those powers granted by law
Limited government
The principle of separating powers among different branches of government in order to prevent any group or individual from gaining too much control
Separation of powers
The principle of keeping each branch of government in check through the power of another branch of government with the goal of hindering the concentration of power and thus protecting personal liberty
Checks and balances
The president’s power to refuse to sign a bill into law
Veto
The House’s power to file criminal charges against the president or any other govern- ment officials; the Senate acts as a trial court for impeachment cases
Impeachment
The power of the judicial branch of government to examine any government action and to nullify it if it is not in agreement with the court’s constitutional interpretation
Judicial review
In Marbury v. Madison (1803), Marshall cautiously declared the doctrine of judicial review
Marbury vs Madison
.
Preamble
Government by elected, representative assembly
Legislative branch
Official government count of United States citizens taken every ten years and used to determine the number of representatives for each state
Census
Honorary position given to the most senior member of the Senate’s major- ity party; he presides over the Senate when the vice president is absent
President pro tempore
The minimum number of members needed to transact business in the House or Senate
Quorum
The automatic veto of a bill if the president leaves it unsigned for ten days during a congressional adjournment
Pocket veto
The process by which a foreign- born person gains citizenship
Naturalization
See necessary and proper clause (Ch. 6, 7)
Elastic clause
court order that forces authorities to quickly charge and try an arrested person or else release him
Writ of habeas corpus
Laws passed and applied to actions that were not criminal when they were committed; laws that impose harsher punishments than the law allowed at the time of the criminal act
Ex pos facto
I DONT MNOW CUZ ITS NOT IN THE STUPID GLOASYRYRYRYR
Executive branch
The presidential power to grant a person temporary postponement of punishment. See also pardon
Reprieve
The president’s power to give complete forgiveness of a crime and its consequent punish- ment, thereby releasing someone from the re- mainder of his or her sentence. See also reprieve
Pardon
.
Judicial branch
court’s power to hear a case before it is considered by any other court. See also appellate jurisdiction
Original jurisdiction
court’s power to decide appeals.
Appellate jurisdiction
Legal process of returning a fugitive to the state in which he has been charged with a crime
Extradition
False verbally communicated statements which damage one’s reputation or character
Slander
.
Liable
document requiring a person to ap- pear as a witness before a court or congressional hearing
Subpoena
Money deposited to guarantee a court appearance; allows the accused freedom while awaiting trial
Bail
An elected official who is still in of- fice but has not been reelected; often refers to a president who has lost an election or cannot stand for reelection and must serve out the remainder of his term
Lame duck
