Constitution Key Terms Flashcards
Codified constitution
A constitution that consist of a full and authoritative set of rules written down in a single text
Supremacy clause
The portion of article VI which states that the constitution, as well as treaties and federal laws, ‘shall be the supreme law of the land’.
Enumerated powers (or delegated) powers
Powers delegated to the federal government under the constitution. Generally those enumerated in the first three articles of the constitution.
Implied powers
Powers possessed by the federal government by inference from those powers delegated to it in the constitution (necessary and proper clause)
Necessary and proper clause
The final clause of article 1, section 8, which empowers congress to make all laws ‘necessary and proper’ to carry out the federal government duties.
Reserved powers
Powers not delegated to the federal government, or prohibited by it to the states, are reserved to the states or the people
Concurrent powers
powers possessed by both the federal and state government
Entrenchment
The application of extra legal safeguards to a constitutional provision to make it harder to amend or abolish
Amendment process
Amendment process: 1: Proposed by : 2/3 house and senate Ratified by: 3/4 of the state legislatures (38) How often used: 26
2:
Proposed by: 2/3 house and senate
Ratified by: ratifying conventions in 3/4 of the states
How often used: once (21st amendment)
3:
Proposed by: legislature in 2/3 of the states calling for a national constitutional convention
Ratified by: 3/4 of the state legislatures
How often used: never
4:
Proposed by: Legislature in 3/4 of the states calling for a national constitutional convention
Ratified by:ratifying convention in 3/4 of states
How often used: never
Constitutional rights
Fundamental rights guaranteed by the constitution, including freedom of speech and religion, and freedom from arbitrary arrest.
Separation of powers
A theory of government whereby political power is distributed among he legislature, the executive and the judiciary, each acting both independently and interdependency
Checks and balances
A system of government that gives each branch — legislative, executive and judicial — the means to partially control the power exercised by the other branches
State of the Union Address
An annual speech made by the president to a joint session of congress, setting out his proposed legislative programme for the coming year
Presidential veto
The president’s power under article 22 of the constitution to return a bill to congress unsigned along with the reasons for his objection
Impeachment
A formal accusation of serving federal official by a simple majority vote of teh hosue of representatives