Constitutional law Flashcards
Article I section 8
powers granted to the federal governement outlined by the constitution
Article 2
Outlines the powers of the president who is responsible for the execution and enforcement of laws enacted by congress
Article 3
Creates the judicial system; the Supreme court
Article 5
Establishes the amendment process; makes it difficult to amend the constitution
Article 6
Supremacy clause; establishes the constitution as the Supreme law of the lanc
Bill of rights
Composed of the 10 amendments; guarantees civil rights and liberties to the individual
Federalism
Political philosophy in which power is divided amongst and shared by national and state governments
Sovereignty
Separate and equal rights among nations; Supreme power in decision making
Separation of powers
Refers to the division of the government into branches, each with separate powers so as to avoid conflict
Checks and balances
Provides each branch of government with individual powers meant to prevent any branch from weilding too much power over the other
Non delegation doctrine
Prohibits congress from delegating its powers to other entities
Originalism
Aims to follow how the constitution would have been understood at the time it was written
Living constitution
Interpretation of the constitution must evolve with society’s needs
Judicial review
Established in the case of Marbury v. Madison; posits that a court may invalidate laws acts or governmental actions that are incompatible with a higher authority
Dual Sovereignty
a doctrine that allows states to prosecute an individual without violating the prohibition of double jeopardy (the fifth amendment)