Legal Terms Chapter 9 - Constitutional Law Flashcards
Amendments
Parts of the U.S. Constitution which modify or invalidate earlier parts of the Constitution.
Articles of Confederation
The document which loosely governed the colonies and the states from 1777 until the Constitution was ratified in 1789.
Bicameral
Two chambers or houses of representation in Congress.
Bill of Rights
The first 10 amendments to the Constitution which provide specific freedoms to Americans.
Cabinet
The executive department heads of government.
Checks and balances
A system established in the U.S. Constitution which allows each branch of government to counteract the powers of the other branches.
Clause
A distinct part of a constitutional section.
Conspiracy
The getting together of two or more people to accomplish some criminal or unlawful act.
Double jeopardy
The situation in which the defendant is tried twice for the same offense; prohibited by the Fifth Amendment of the U.S. Constitution.
Elastic powers
The power of Congress to make all laws necessary and proper to carry out its express powers.
Emotional distress
Emotional suffering caused by the infliction or extreme and outrageous conduct by another.
Executive branch
The branch of government headed by the President of the United States; it includes the cabinet which are the executive departments of government appointed by the President.
Express powers
The specific stated powers of Congress in Article I, Section 8 of the Constitution.
Federalism
Established by the Constitution, this allows states to retain their individual governing powers, even though the federal government is given broad powers.
Freedom of speech
A clause in the U.S. Constitution’s First Amendment which guarantees to all persons the right to speak, both orally and in writing, free from governmental interference or prohibition.
House of Representatives
The part of the Federal Congress that has 435 members who have 2 year terms.
Judicial branch
The U.S. Supreme Court, which has primarily appellate jurisdiction, but can be given original jurisdiction in certain legal matters; it is the highest court in the federal judicial system which makes federal law preeminent when federal and state law conflict.
Judicial review
The Supreme Court has the power to declare acts of Congress or acts of the executive branches unconstitutional.
Legislative branch
Federal Congress which makes federal laws.
Pocket veto
The President refusing to sign a piece of legislation.
Senate
The part of the Federal Congress that has 100 members who have 6 year terms.
Separation of powers
The independent authority given by the U.S. Constitution to each of the three branches of government.
Supremacy clause
A clause in the U.S. Constitution making the U.S. Constitution and the federal laws the supreme law of the land.
Treaties
Legally enforceable agreements with foreign governments.
U.S. Constitution
The first governing document in world history that creates representative democracy, expressly limits the power of government, and grants specific rights to the people.
Veto
Latin for “I forbid.” The right of the President of the United States to strike down a piece of legislation.
