Chapter 6 Terms Flashcards
Supreme Court case that established the right of judicial review
Marbury v. Madison
Branch of government that makes the laws
Legislative branch
First ten amendments of the Constitution
Bill of Rights
Division of power between the nation and state levels of government
Federalism
The idea that people are the ultimate source of government’s power
Popular Sovereignty
Constitutional clause giving lawmakers great leeway in making laws, giving the Constitution the ability to grow
“Necessary and proper clause”
The minimum number of members needs to transact business in the House in the Senate
Quorum
The formal introduction of a constitutional amendment
Proposal
The formal approval process of a constitution, constitutional amendment, or treaty
Ratification
The principle of separating powers among different branches of government and that any interpretation should be kept to a minimum
Separation of powers
Another name for the necessary and proper clause.
Elastic clause
Those who believe that the text of the Constitution is important and that any interpretation should be kept to a minimum.
Strict constructionists
The president’s power to refuse to sign a bill in to law
Veto
A court order that forces authorities to quickly charge and try an arrested person or else release him
Writ of habeas corpus
A legislative branch divided into two separate houses
Bicameral
Money deposited to guarantee a court appearance; allows the accused freedom while awaiting trial
Bail
A bill permitting punishment without trial
Bill of attainder
Supreme Court case expanded the Third and Fourth Amendments to imply a right to privacy as one of American citizens’ fundamental rights
Griswold v. Connecticut
Those who take a broader and sometimes more creative approach to constitutional interpretation
Broad constructionists
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 this protecting personal liberty
Check and balances
A principle that limits government to not those powers granted by law
Limited government
Occurs when one branch of government purposely brings the political to a halt
Gridlock
When the Houses power to file criminal charges against the president or any other government officials and the Senate acts as the trial court
Impeachment
Honorary position given to the most senior member of the Senate’s majority party; he presides over the Senate when the Vice President is not there
President pro tempore
The process by which a foreign born person gains citizenship
Naturalization
Published false statements that damage reputation of character
Libel
The power of the judicial branch of the government to examine any government action and to nullify it if it is not in agreement with the courts constitutional interpretation
Judicial review
Laws passed and applied to actions that were not criminal when they were committed; laws that impose harsher punishments
Ex post facto law
The privilege enabling members of Congress to send official mail free of charge
Franking privilege
Official government count of the United States citizens taken every ten years and used to determine the number of representatives for each state
Census
The automatic veto of a bill if the president leaves it unsigned for ten days during a congressional adjournment
Pocket veto
The modern militia
The National Guard
Responsible to bring in members of both houses who are absent and needed to make up a quorum
Sergeant at arms
Outlines the purposes for the government and helps justify the closer union between the states
Preamble
Branch that views the constitutionality of laws that are passed
Judicial branch
Journal or record kept by each house of what it does each day
The Congressional Record
More formal means of adapting the Constitution to change
Amendment process
Each voter had to pay a tax to vote
Poll tax
Grants of money allocated by Congress to finance government programs
Appropriations
Branch of government whose primary function is to carry out the nations laws
Executive branch
The system used to elect the U.S. president; each state has a number of electors equal to the state’s representation
Electoral college
The presidential power a person a temporary postponement of punishment
Reprieve
The president’s power to give complete forgiveness of a crime and its consequent punishment thereby releasing someone from the remainder of their sentence
Pardon
A court’s power to hear a case before it is considered by any other court
Original jurisdiction
A court’s power to decide appeals
Appellate jurisdiction
Legal process of returning a fugitive to the state in which they had been charged with a crime
Extradition
Constitutional clause that upholds the United States Constitution as the Supreme law of the nation
Supremacy Clause
False verbally communicated statements which damage one’s reputation or character
Slander
A portion of a statute that provides that the law is not applicable in certain circumstances due to preexisting facts
Grandfather clause
The right to vote; also known as a franchise
Suffrage
The redrawing of district boundaries to favor a particular party of group of people
Gerrymandering
Forbidding the manufacture, sale, or transportation of liquor
Prohibition
An elected official who is still in office, 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 their term
Lame duck
A jury consisting of citizens who consider the prosecution’s case against the accused and decide whether to issue an indictment
Grand jury
A document requiring a person to appear as a witness before a court or congressional hearing
Subpoena
Certain legal procedures by which the government must abide in order to protect the rights of the accused
Due process
