Constitutional Law Flashcards
Powers of the Executive Branch
The Executive Branch (President)
Appoints judges Heads the armed forces Makes appointments Conducts foreign affairs Makes treaties Grants pardons and reprieves
Powers of the Legislative Branch
The Legislative Branch (Congress) consists of the House of Representatives and the Senate, together forming the United States Congress.
Approved federal judges
Collect taxes, pay debts and borrow money
Print and coin money
Provide for and maintain armed forces
Regulate commerce
Establish courts inferior to Supreme Court
Establish post offices
Declare war
“To make all laws which shall be deemed necessary and proper”
Powers of the Judicial Branch
The Judicial Branch (The Court), consisting of the United States Supreme Court and the lower federal courts, interprets laws through its decisions.
Appointed for life
No reduced salary
Declares laws unconstitutional
Final authority on matters of constitutional interpretation
Checks and Balances
In order to ensure that no single branch of government becomes excessively strong, a system of checks and balances creates complex interrelationships between the branches. Each branch exercises a certain degree of control over the other two. There are many examples of this complex arrangement, but the following are a few of the more important ones:
The Congress can pass laws, but the President may veto them
By a 2/3 vote each house, the Congress can override the Presidents veto.
The President appoints Justices to serve on the Supreme Court, but the Senate must approve them. Once confirmed, the Justices serve for life or good behavior.
The President can be impeached and tried by the Senate, as can all federal judges, including Justices of the Supreme Court.
The Congress can establish Federal Courts inferior to the Supreme Court and with certain limitations can regulate the appellate jurisdiction of the Supreme Court.
Only Congress can appropriate the funds necessary to run the government.
Congress can pass laws and even appropriate the money to run the government, but the President can choose not to implement and enforce the laws.
The Supreme Court can declare laws passed by Congress and signed by the President to be unconstitutional. There is no specific authority in the Constitution for this power. In Marbury v. Madison, the Supreme Court said that a law that is repugnant to the Constitution is void.
The Constitution
The Constitution provides many safeguards through the checks and balances system against an excessively strong and potential abusive central government. However, many scholars speculate the Constitution would not have been ratified but for assurances that one of the first priorities of the new government would be the passage of the first ten Amendments to the Constitution, often referred to as the Bill of Rights.
The Bill of Rights
The first ten Amendments of the Constitution is known as the Bill of Rights.
The Bill of Rights protects personal liberties.
The First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; of the right of the people to peaceably assemble, and to petition the government for a redress of grievances.
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fifth Amendment
No person shall be held for a Capitol or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
The Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defense.
The Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
